Pedestrian accidents can have devastating consequences. Unlike drivers or passengers, pedestrians have no physical protection during a collision, which often leads to serious injuries or even fatalities. If you’ve been hit by a vehicle while walking, you may be entitled to financial compensation through a pedestrian accident claim.
This article will guide you through everything you need to know: what pedestrian accident claims are, when to file one, how the process works, and what kind of compensation you can expect.
What Is a Pedestrian Accident Claim?
A pedestrian accident claim is a type of personal injury claim filed by someone who was injured while walking, jogging, or standing in a public area due to the negligence of a driver or other party. These claims seek to recover damages—both financial and emotional—that result from the accident.
Pedestrian accident claims can be filed against:
Vehicle drivers (cars, motorcycles, buses, trucks)
Bicyclists or scooter riders
Local governments or municipalities (for unsafe sidewalks, missing signs, etc.)
Property owners (if the accident occurred on private land with hazards)
Common Causes of Pedestrian Accidents
Understanding the cause of the accident is critical in building your case. Here are some frequent scenarios that lead to pedestrian claims:
Distracted driving (texting, calling, eating while driving)
Speeding or reckless driving
Failure to yield at crosswalks
Running red lights or stop signs
Driving under the influence of drugs or alcohol
Poor road conditions or faulty traffic signals
Parking lot accidents
If any of these factors contributed to your injury, you likely have a valid basis to file a pedestrian accident claim.
What to Do After a Pedestrian Accident
If you’re involved in a pedestrian accident, follow these steps to protect your health and legal rights:
Seek Immediate Medical Attention
Even if you feel fine, some injuries may not appear right away.
Call the Police
A police report is crucial for documenting the incident.
Collect Evidence
Take photos of the scene, your injuries, and any vehicle involved.
Get Witness Contact Information
Their statements may support your claim.
Do Not Admit Fault
Keep communication minimal until you speak with an attorney.
Contact a Personal Injury Lawyer
The sooner you act, the better your chances of a successful claim.
Who Can Be Held Liable?
Liability depends on who was at fault. The at-fault party could be:
The Driver: Most common, especially if they violated traffic laws.
The Municipality: If poorly maintained roads or broken traffic signals contributed.
The Pedestrian: If they crossed illegally or were distracted (partial liability may apply under comparative negligence laws).
In many places (like New York), even if you were partly responsible, you may still recover damages under comparative negligence, although the amount may be reduced based on your share of fault.
How to File a Pedestrian Accident Claim
The process generally includes:
1. Consulting an Attorney
A personal injury lawyer will evaluate your case, gather evidence, and advise you on the best legal path.
2. Filing the Insurance Claim
Claims are often filed with the at-fault driver’s insurance company. If the driver was uninsured, your own uninsured motorist coverage may apply.
3. Negotiation
Your lawyer will negotiate a settlement on your behalf. Most cases settle out of court.
4. Filing a Lawsuit (if necessary)
If the insurance company refuses to settle fairly, your lawyer may recommend going to court.
What Compensation Can You Recover?
Damages in pedestrian accident claims may include:
Medical Expenses
Emergency care, surgeries, rehabilitation, medication
Lost Wages
Income lost while recovering, future earning potential
Pain and Suffering
Physical pain, mental anguish, PTSD, emotional trauma
Disability or Disfigurement
Permanent injuries, amputations, visible scarring
Loss of Enjoyment of Life
If your injury limits your ability to live as you once did
Wrongful Death (in fatal cases)
Funeral expenses, loss of companionship, and more
Time Limits to File (Statute of Limitations)
Each state has a statute of limitations—a time limit to file a pedestrian accident claim. In most U.S. states, including New York, this limit is three years from the date of the accident for personal injury claims. For wrongful death, it’s often two years.
Missing this deadline usually means you lose the right to seek compensation, so act quickly.
Why You Need a Lawyer
While you can technically file a claim on your own, a personal injury attorney greatly increases your chance of a fair settlement. They will:
Handle all paperwork and negotiations
Deal with insurance adjusters who may try to minimize your payout
Accurately calculate the value of your damages
Represent you in court if needed
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win.
Conclusion
Pedestrian accidents can be life-altering, but you don’t have to navigate the aftermath alone. A pedestrian accident claim gives you a pathway to financial recovery and justice. By acting quickly, understanding your rights, and seeking legal support, you can focus on healing while your attorney focuses on fighting for the compensation you deserve.