Legal Rights of Pedestrians in Personal Injury Accidents
Hit by a car while walking? Learn Your Rights Today
Thousands of Americans suffer the personal and financial burdens of pedestrian accidents every year. In 2023, there were 7,314 pedestrian deaths across the U.S. alone.
If you’re a pedestrian, knowing your legal rights is crucial to getting the financial compensation you need and deserve.
Here’s the problem:
The vast majority of Americans don’t know what legal rights they have as a pedestrian after an accident. The result is that victims often accept way less compensation than they are legally entitled to.
In this post you will learn:
- Your Legal Rights as a Pedestrian
- What Personal Injury Law Entitles You To
- How to Determine the Value of Your Case
- Next Steps After a Pedestrian Accident
Your Legal Rights as a Pedestrian
Pedestrians have specific legal rights under U.S. law that most people don’t realize exist.
Here’s the deal:
Pedestrians are considered “vulnerable road users,” which means the law affords you certain protections. When you’re walking on the street or sidewalk, you have a right to expect drivers to operate their vehicles with reasonable care so they don’t hit you.
Put another way, drivers have a duty to:
- Yield the right of way to pedestrians in crosswalks
- Exercise a proper lookout for pedestrians on the road
- Travel at safe speeds and take special care in pedestrian areas
- Not drive distracted, tired, or impaired
But your rights as a pedestrian go further than just safety. If you’ve been hurt in a pedestrian accident through no fault of your own, you have the legal right to seek compensation from the responsible party.
Attorneys like the Kogan & DiSalvo Personal Injury Lawyers can help you understand and protect your pedestrian rights. In fact, many personal injury law firms specialize in pedestrian cases because they know the unique challenges pedestrian victims face.
Here’s what many pedestrians don’t know:
Your rights as a pedestrian extend far beyond the moments before and after the collision. You’re entitled to full and fair compensation that will cover your immediate and long-term injury-related needs.
What Personal Injury Law Entitles You To
Personal injury law exists to protect pedestrians, and other people, who are injured by someone else’s negligence.
If a driver hits you, they are typically liable for damages under one or more of these legal theories:
Negligence is the most common basis for pedestrian accident lawsuits. This means the driver breached their duty of care by failing to exercise reasonable care like another prudent person would have in the same situation.
Traffic Violations are also a common way to prove a driver’s liability. If they were speeding, ran a red light, or otherwise broke a traffic law when they hit you, it can help your case.
Pedestrian accidents often result in severe injuries because of the large mass difference between a human body and a car or truck. The law allows you to pursue compensation for:
- Medical Expenses including emergency treatment, hospitalization, surgery, and rehabilitative care
- Lost Wages, and loss of future earning capacity
- Pain and Suffering, and emotional distress
- Permanent disability and disfigurement
The goal is to make you “whole” again. Although no amount of money can truly replace your injuries and losses, financial compensation can help you get the resources you need for recovery.
What Can You Claim After a Pedestrian Accident?
One of the biggest surprises for pedestrian accident victims is how much their claim is actually worth.
The average pedestrian accident settlement is about $277,250 but ranges from thousands to millions depending on how severely you’re injured.
Economic Damages are the first types of costs that you can claim compensation for including:
- Medical bills (ER, doctor, surgery, therapy, etc.)
- Lost wages and benefits from missing work
- Future medical expenses (ongoing treatment and care)
- Assistive devices and home modifications
Non-Economic Damages compensate for less tangible losses like:
- Physical pain and suffering
- Emotional trauma and anxiety
- Loss of enjoyment of life
- Family and friendship relationships
Less serious injuries might lead to settlements of $10,000 – $75,000 but catastrophic injuries like paraplegia can result in millions of dollars in awards.
Something to keep in mind…
Insurance companies always look to minimize your claim. You can expect the insurance company’s adjusters to fight hard to pay you as little as possible.
Insurance companies are not your friends and they don’t have your best interests in mind. This is why legal representation is so important.
Steps to Take After a Pedestrian Accident
There are certain actions you need to take right after a pedestrian accident to protect your ability to recover compensation.
First and foremost: Get medical attention as soon as possible. Even if you think you’re fine, it’s important to see a doctor. Accidents can cause internal damage that isn’t immediately noticeable. Plus, medical records are important legal evidence.
Document, document, document: Take photos of the accident scene, your injuries, and the vehicle. Get the driver’s information and insurance details. Take down witnesses’ contact information as well.
Don’t take the blame: Don’t admit fault or make any incriminating statements to the insurance adjusters. Wait until you’ve spoken to an attorney before answering questions.
Keep records: Save records of all medical treatment, bills, and how the injuries impact your life. This evidence is key to a strong claim.
Note that personal injury cases have strict time limits. States generally allow only two years to file a lawsuit. So you can’t delay in protecting your rights.
Helpful Info on Fault and Liability
One of the biggest misconceptions people have is that they might be partially at fault for their accident. Most states follow “comparative negligence” laws that proportionally reduce your compensation if you share fault.
Say you were jaywalking when you got hit by a car and the court deems you 20% at fault. Your compensation will be reduced by 20% but you still can collect for the remaining 80%.
It’s all about proving the driver was more at fault. Common driver negligence includes:
- Texting and driving
- Speeding or reckless driving
- Failing to yield at a crosswalk
- Driving under the influence
- Failing to check blind spots
This is why experienced legal help is so important. Pedestrian accident lawyers know how to establish liability and get you the highest possible recovery.
Wrapping it up
Understanding your legal rights as a pedestrian is one of the most important things you can do if you’ve been injured in an accident. Pedestrian crashes can change lives and require financial resources for recovery.
There are legal paths to compensation but navigating the process takes knowledge and experience. Insurance companies want to pay you as little as possible so don’t accept their first settlement offers.
You have rights. You have options. Get the right legal help now and get back on the road to recovery.
