Car accidents involving pedestrians are unfortunately common and can lead to severe injuries or even fatalities. Because pedestrians have no physical protection like drivers inside vehicles, even a low-speed collision can cause significant harm. If you or a loved one has been involved in a car accident with a pedestrian, understanding the legal implications and your rights is crucial for securing fair compensation and justice.
What Happens in a Car Accident with a Pedestrian?
A car accident with a pedestrian occurs when a vehicle strikes someone walking or standing on or near a roadway. These incidents can happen in crosswalks, intersections, parking lots, or anywhere pedestrians are present.
The severity of injuries often depends on factors like vehicle speed, the pedestrian’s age and health, and the exact circumstances of the accident. Common injuries include broken bones, head trauma, spinal cord injuries, internal bleeding, and sometimes permanent disabilities.
Common Causes of Car Accidents with Pedestrians
Understanding what causes these accidents helps in determining liability and preventing future incidents. Some common causes include:
Driver Negligence: This includes distracted driving (texting, eating, talking on the phone), speeding, running red lights, and failure to yield to pedestrians.
Pedestrian Negligence: Jaywalking, crossing against signals, or walking outside designated areas can contribute to accidents.
Poor Visibility: Nighttime, bad weather, or poorly lit roads reduce a driver’s ability to see pedestrians.
Impaired Driving: Driving under the influence of alcohol or drugs impairs judgment and reaction time.
Road and Environmental Factors: Lack of sidewalks, broken crosswalk signals, and obstructed views can increase risk.
Legal Rights of Pedestrians in Car Accidents
Pedestrians hit by cars are often vulnerable victims entitled to significant legal protections under traffic and personal injury laws. If you are a pedestrian injured in a car accident, you generally have the right to:
File a Personal Injury Claim: To recover compensation for medical bills, lost wages, pain and suffering, and other damages.
Hold the Driver Accountable: Drivers have a legal duty to drive safely and yield to pedestrians. Failure to do so can constitute negligence.
Seek Punitive Damages: In cases of gross negligence or reckless driving, courts may award additional damages to punish the driver.
Steps to Take After a Car Accident with a Pedestrian
If you are involved in or witness a car accident with a pedestrian, taking the following steps is vital:
Ensure Safety and Call for Help: If safe, move out of traffic and call emergency services immediately.
Seek Medical Attention: Even if injuries seem minor, get checked by medical professionals as some injuries may show symptoms later.
Report the Accident: File a police report documenting the incident.
Collect Evidence: Take photos of the scene, vehicle, and injuries. Gather contact information from witnesses.
Avoid Admitting Fault: Do not make statements that admit fault to the driver, insurance companies, or others.
Contact a Pedestrian Accident Lawyer: Early legal advice helps protect your rights and build a strong case.
How a Lawyer Can Help in a Car-Pedestrian Accident Case
A skilled pedestrian accident lawyer specializes in handling cases involving vehicle-pedestrian collisions. They provide several important services:
Investigation: Your lawyer will collect evidence, interview witnesses, and work with accident reconstruction experts.
Proving Liability: Establishing the driver’s negligence or recklessness is key to winning compensation.
Negotiating with Insurance Companies: Insurance firms often try to minimize payouts. A lawyer will fight to get the compensation you deserve.
Litigation: If necessary, your lawyer will take the case to court and represent you throughout the trial process.
Maximizing Damages: Lawyers ensure you claim all damages including future medical care, lost earning capacity, emotional trauma, and more.
Compensation Available in Car-Pedestrian Accident Cases
Injury victims in car accidents with pedestrians may be eligible for compensation that includes:
Medical Expenses: Hospital bills, surgeries, rehabilitation, medication, and ongoing treatment.
Lost Income: Compensation for time off work and reduced earning ability.
Pain and Suffering: For physical pain, emotional distress, and loss of enjoyment of life.
Permanent Disability: If the injury results in long-term disability, additional damages may apply.
Punitive Damages: To punish reckless or intentional wrongdoing by the driver.
Comparative Negligence in Pedestrian Accidents
Many states, including Pennsylvania, apply comparative negligence laws. This means if the pedestrian is partly at fault (for example, jaywalking), their compensation may be reduced by their percentage of fault. Even if partially responsible, pedestrians can often still recover a significant portion of damages.
Preventing Car-Pedestrian Accidents
Safety measures can reduce the risk of car-pedestrian accidents:
For Drivers: Stay alert, avoid distractions, obey speed limits, yield to pedestrians, and never drive under influence.
For Pedestrians: Use crosswalks, obey traffic signals, stay visible, avoid distractions like phone use, and be cautious crossing streets.
For City Planners: Improve lighting, maintain sidewalks, and implement pedestrian safety measures.
Conclusion
Car accidents involving pedestrians are serious and often life-changing events. Victims face physical pain, emotional trauma, and financial hardship. Knowing your rights and seeking the help of an experienced pedestrian accident lawyer can make all the difference in obtaining justice and compensation. If you or a loved one has been hit by a car while walking, don’t hesitate to get legal support to protect your future.