Pedestrian Accident Attorney: Injured While Walking? Your Rights

Walking is a fundamental mode of transportation, a form of exercise, and a way to enjoy our communities. Yet, pedestrians are the most vulnerable people on our roads. With no protection to shield them from the impact of a multi-ton vehicle, the consequences of a collision can be devastating. Unfortunately, pedestrian accidents are alarmingly common, often caused by negligent drivers who fail to share the road safely.

If you have been injured by a vehicle while walking, you are likely facing a painful recovery, overwhelming medical expenses, and significant emotional trauma. You have rights, but asserting them against powerful insurance companies can feel like an impossible task. Understanding what to do after an accident and when to seek legal help is the first step toward securing justice and the financial resources you need to heal. This guide explains the common causes of pedestrian accidents, the critical steps to take after being hit, and how a dedicated pedestrian accident attorney can protect your rights.

Common Causes of Pedestrian Accidents

Most pedestrian accidents are not just “accidents”—they are preventable incidents caused by a driver’s carelessness. While walkers have a responsibility to be cautious, drivers of motor vehicles have a heightened duty of care to watch for and yield to those on foot.

Frequent causes of these collisions include:

• Distracted Driving: This is a leading cause of all traffic accidents. Drivers who are texting, adjusting the radio, eating, or talking on the phone are not fully focused on the road and can easily fail to see a person in their path.
• Failure to Yield the Right-of-Way: Many accidents occur at intersections and crosswalks. Drivers may fail to yield to pedestrians who have the right-of-way, often due to impatience or inattention. A dedicated crosswalk accident lawyer specializes in these specific types of cases.
• Speeding: A driver who is exceeding the speed limit has less time to react to a pedestrian and will cause far more severe injuries upon impact. Speed is a critical factor in the survivability of these crashes.
• Driving Under the Influence (DUI): Alcohol or drugs impair a driver’s judgment, coordination, and reaction time, making them a significant danger to anyone on or near the road.
• Poor Visibility and Weather: Drivers must adjust their driving for conditions like rain, fog, or darkness. Failing to use headlights or driving too fast for conditions can lead to tragic outcomes.
• Disregarding Traffic Signals: Drivers who run red lights or stop signs put everyone at risk, with pedestrians often paying the highest price.

What to Do Immediately After a Pedestrian Accident

The moments following a collision are disorienting and painful. The steps you take can profoundly impact your health and your ability to file a successful injury claim.

1. Move to a Safe Location, If Possible

If you can move, get out of the roadway to avoid being hit by other vehicles. If you are seriously injured, it is best not to move and to wait for help to arrive. Your well-being is the top priority.

2. Call 911 for Police and Medical Help

Contact 911 immediately to report the incident and request an ambulance. A police report provides an official, objective record of the accident, which is crucial evidence. Paramedics can provide immediate care and assess your injuries. Even if you feel you are not seriously hurt, you should be medically evaluated, as adrenaline can mask symptoms of internal injuries or concussions.

3. Gather Information and Evidence

If your condition allows, collect as much information as you can at the scene.

• Driver’s Information: Get the driver’s name, contact number, address, license plate number, and insurance details.
• Witness Information: Ask any witnesses for their names and phone numbers. Their testimony can be vital in proving what happened.
• Photo and Video Evidence: Use your phone to take pictures of the scene from multiple angles. Document the vehicle, your injuries, the location of the accident, traffic signals, and any relevant details like skid marks.

4. Do Not Discuss Fault

When speaking to the driver or law enforcement, provide a clear, factual account of what occurred. However, do not apologize or say anything that could be interpreted as admitting fault (e.g., “I wasn’t paying attention”). Insurance companies will use any such statement against you. Politely decline to give a recorded statement to the driver’s insurance adjuster until you consult with a hit by car lawyer.

5. Seek a Full Medical Examination

Go to an emergency room or see your doctor as soon as possible, even if you weren’t taken by ambulance. This ensures all your injuries are diagnosed and documented, creating a medical record that links your condition directly to the accident. Follow through with all prescribed treatments and appointments.

How a Pedestrian Accident Attorney Can Help

After being hit by a car, your focus should be on recovery. The legal and financial burdens are best handled by a professional who is on your side. An experienced pedestrian injury attorney acts as your advocate, navigating the complex claims process to secure the compensation you deserve.

Here is how a lawyer can make a difference:

• Investigating the Accident: Your attorney will launch a comprehensive investigation to establish the driver’s fault. This includes obtaining the police report, interviewing witnesses, securing traffic or surveillance camera footage, and, if necessary, hiring accident reconstruction experts.
• Proving Negligence and Liability: Insurance companies often try to blame the victim to reduce their payout. A lawyer will build a strong case to demonstrate the driver’s negligence and counter any claims of comparative fault on your part.
• Calculating the Full Value of Your Claim: A settlement should cover more than just your initial medical bills. Your lawyer will calculate all economic and non-economic damages, including:
  • Current and future medical expenses
  • Lost wages and diminished earning capacity
  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Permanent disability or disfigurement
• Negotiating with Insurance Companies: An attorney will handle all communications with the insurance adjuster. They know the tactics adjusters use to devalue claims and will negotiate aggressively for a settlement that reflects the true extent of your losses.
• Litigating Your Case: If the insurance company refuses to make a fair offer, your pedestrian accident attorney will not hesitate to file a lawsuit and fight for your rights in court.

Don’t Wait to Protect Your Rights

If you or a loved one has been injured as a pedestrian, you should not have to bear the financial and emotional burdens alone. The law provides a path to hold the at-fault driver accountable, but there are strict deadlines for filing a claim. Acting quickly to secure legal representation ensures that crucial evidence is preserved and your rights are protected from the start.

You deserve a dedicated advocate who will fight for the resources you need to rebuild your life. A consultation with an attorney can provide clarity on your options and help you make an informed decision about your next steps.

Have you been injured by a vehicle while walking? Contact an experienced pedestrian accident attorney today for a free, no-obligation consultation to learn how we can help you.