Car and pedestrian accidents are unfortunately common incidents that can have devastating consequences. Because pedestrians lack the physical protection that car occupants have, collisions between cars and pedestrians often result in severe injuries or fatalities. Understanding the causes, impacts, and legal steps after a car and pedestrian accident can help victims protect their rights and seek proper compensation.
What Is a Car and Pedestrian Accident?
A car and pedestrian accident occurs when a moving vehicle collides with a person walking or standing on or near a roadway. These accidents can happen in many settings: at intersections, crosswalks, parking lots, driveways, or even sidewalks if vehicles veer off course. Pedestrian accidents often involve cars but may also include trucks, buses, motorcycles, or bicycles.
Because pedestrians have no safety features like seat belts or airbags, the force of impact can cause catastrophic injuries. Even a low-speed collision can result in broken bones, head trauma, or internal injuries.
Common Causes of Car and Pedestrian Accidents
1. Driver Negligence
Most car and pedestrian accidents occur due to driver negligence. Common negligent behaviors include:
Distracted Driving: Texting, phone use, eating, or other distractions that divert attention.
Speeding: Excessive speed reduces reaction time and increases injury severity.
Failure to Yield: Ignoring pedestrian right of way at crosswalks or intersections.
Driving Under Influence: Alcohol or drugs impair judgment and reaction times.
Reckless Driving: Running red lights, illegal turns, or aggressive driving maneuvers.
2. Pedestrian Behavior
Pedestrians may sometimes contribute to accidents by:
Jaywalking: Crossing streets outside marked crosswalks or against signals.
Distracted Walking: Using phones or headphones, leading to inattention.
Alcohol Impairment: Intoxication affecting judgment or motor skills.
Sudden Movement: Unexpectedly stepping into traffic.
3. Environmental and Infrastructure Factors
Poorly marked crosswalks or lack of pedestrian signals.
Insufficient street lighting or poor visibility.
Obstructed sightlines from parked cars or landscaping.
Lack of sidewalks or pedestrian pathways.
Adverse weather conditions affecting visibility and road conditions.
Consequences of Car and Pedestrian Accidents
The injuries from these accidents are often severe due to the vulnerability of pedestrians. Common injuries include:
Traumatic brain injury (TBI)
Spinal cord injuries and paralysis
Broken bones and fractures
Internal organ damage
Severe cuts and bruises
Psychological trauma like PTSD
Besides physical harm, victims often face high medical bills, lost wages, and long-term rehabilitation.
Legal Rights and Actions After a Car and Pedestrian Accident
If you are involved in a car and pedestrian accident, understanding your legal rights is essential. Most jurisdictions require drivers to yield to pedestrians, especially in crosswalks and intersections. When a driver is negligent and causes injury, the pedestrian may file a personal injury claim to seek compensation for:
Medical expenses
Lost income and future earning capacity
Pain and suffering
Disability and long-term care costs
Colorado, for example, uses a comparative negligence rule. This means if both parties share fault, compensation is reduced based on the percentage of fault attributed to each. Even if a pedestrian is partly at fault, they can still recover damages.
It is crucial to consult with a qualified pedestrian accident attorney promptly. An attorney can:
Investigate the accident thoroughly
Collect evidence such as police reports, witness statements, and surveillance footage
Negotiate with insurance companies for fair settlements
Represent you in court if needed
What to Do Immediately After a Car and Pedestrian Accident
Taking the right steps right after an accident can protect your health and legal rights:
Seek Medical Attention: Even if injuries seem minor, get checked by a doctor as some injuries appear later.
Call 911: Report the accident so police and emergency responders can arrive.
Document the Scene: Take photos, get witness contacts, and note conditions.
Avoid Discussing Fault: Do not admit blame or make statements that could hurt your case.
Contact a Pedestrian Accident Lawyer: Get legal advice before speaking with insurance companies.
Preventing Car and Pedestrian Accidents
Prevention is a shared responsibility:
For Drivers:
Stay attentive and avoid distractions.
Obey speed limits, especially in pedestrian-heavy areas.
Yield to pedestrians at all crosswalks.
Avoid driving under the influence.
Be cautious in poor weather and low visibility.
For Pedestrians:
Use marked crosswalks and obey signals.
Stay alert and avoid distractions like phones.
Wear visible clothing at night.
Make eye contact with drivers before crossing.
Avoid crossing mid-block or outside crosswalks.
For Communities:
Improve infrastructure such as sidewalks, lighting, and pedestrian signals.
Implement traffic calming measures.
Promote pedestrian safety education campaigns.
Conclusion
Car and pedestrian accidents can have life-altering consequences for victims. Understanding the causes, knowing what to do after an accident, and seeking experienced legal help are vital steps toward recovery and justice. Both drivers and pedestrians must remain vigilant and responsible to make roads safer for everyone.
If you or a loved one has been injured in a car and pedestrian accident, consult a qualified pedestrian accident lawyer as soon as possible to protect your rights and get the compensation you deserve.