Every day, pedestrians share the roads with vehicles, bicycles, and other traffic. While drivers are responsible for keeping an eye out, pedestrian accidents still happen all too often. When a pedestrian is struck by a vehicle, the injuries can be severe, life-changing, or even fatal. If you or a loved one has been injured in a pedestrian accident due to someone else’s negligence, consulting a pedestrian accident lawyer can make a critical difference in securing fair compensation and protecting your legal rights.
This article explores the role of a pedestrian accident lawyer, common causes and injuries, how liability is determined, and what victims should do after an accident.
Why You Need a Pedestrian Accident Lawyer
Pedestrian accident cases are often complex because they involve detailed investigations, insurance claims, and sometimes multiple parties. A pedestrian accident lawyer provides expertise in:
1. Establishing Fault
Determining who is at fault requires careful examination of evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction. A lawyer knows how to gather and analyze this information to build a strong case.
2. Calculating Compensation
Victims are entitled to compensation not only for medical bills but also for lost wages, pain and suffering, emotional distress, and long-term disabilities. A skilled attorney can accurately calculate the full extent of damages.
3. Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts. An experienced pedestrian accident lawyer negotiates assertively to ensure victims receive fair settlements.
4. Representing in Court
If negotiations fail, your lawyer will take the case to trial and fight for your rights in front of a judge or jury.
Common Causes of Pedestrian Accidents
Pedestrian accidents happen for various reasons, many of which involve driver negligence. Common causes include:
Distracted Driving: Texting, talking on the phone, or other distractions divert driver attention.
Speeding: Excessive speed reduces the driver’s ability to react in time.
Failure to Yield: Drivers may ignore crosswalk signals or fail to stop for pedestrians.
Driving Under the Influence: Alcohol or drugs impair reaction time and judgment.
Poor Visibility: Nighttime, bad weather, or inadequate street lighting can make it harder to see pedestrians.
Illegal Turns or Running Red Lights: Ignoring traffic signals endangers pedestrians crossing legally.
Common Injuries in Pedestrian Accidents
Pedestrians have little protection compared to vehicle occupants. Injuries often include:
Broken bones or fractures
Head trauma or traumatic brain injury (TBI)
Spinal cord injuries leading to paralysis
Internal injuries to organs
Cuts, bruises, and lacerations
Psychological trauma such as PTSD
Serious injuries often result in long-term disability, significant medical costs, and loss of income.
How Liability Is Determined in Pedestrian Accidents
In most pedestrian accident cases, the driver is liable if they acted negligently or violated traffic laws. However, sometimes pedestrian behavior is also examined. For example:
Did the pedestrian cross at a designated crosswalk?
Were they obeying traffic signals?
Were they distracted (e.g., texting while crossing)?
Even if the pedestrian bears some fault, many states apply comparative negligence rules, meaning victims can still recover damages proportional to the driver’s fault.
What to Do After a Pedestrian Accident
If you are involved in a pedestrian accident, take these steps to protect your rights:
Seek Immediate Medical Attention
Even if injuries seem minor, get evaluated by a healthcare professional promptly.
Report the Accident
Call the police and ensure an official report is filed.
Document Everything
Take photos of injuries, accident scene, vehicles involved, and collect witness contact information.
Avoid Giving Statements to Insurance Adjusters Without a Lawyer
Anything you say can be used to reduce your claim.
Contact a Pedestrian Accident Lawyer
Get a free consultation to discuss your case and legal options.
Statute of Limitations and Legal Deadlines
Each state has a statute of limitations for filing personal injury lawsuits, usually ranging from one to three years after the accident date. Missing these deadlines can forfeit your right to compensation. A pedestrian accident lawyer will ensure your claim is filed on time.
How a Lawyer Can Help Maximize Your Settlement
Insurance companies often offer quick, low-ball settlements hoping victims will accept them. A lawyer will:
Evaluate the long-term impact of your injuries
Consult medical experts to estimate future care costs
Calculate lost income and earning capacity
Include compensation for pain, suffering, and emotional harm
Negotiate aggressively or litigate if necessary
Choosing the Right Pedestrian Accident Lawyer
Look for an attorney who:
Has a strong track record with pedestrian accident cases
Understands local traffic laws and courts
Offers personalized attention and clear communication
Works on a contingency fee basis (no fees unless you win)
Has positive client reviews and trial experience
Conclusion
A pedestrian accident can change your life in an instant. When negligence causes injury, you have the right to pursue compensation and justice. Hiring a pedestrian accident lawyer ensures your case is handled by a skilled advocate who understands the complexities of these accidents and fights to get you the maximum settlement possible.
If you or a loved one has been injured as a pedestrian, don’t delay. Reach out to a qualified pedestrian accident lawyer today for a free consultation and take the first step toward recovery and justice.
