Pedestrian Accident Attorney: Injured While Walking? Your Rights

Walking is something most of us do every day without a second thought. Whether you are commuting to work, exercising, or just crossing a parking lot to get groceries, you expect to arrive safely. Unfortunately, pedestrians are the most vulnerable people on the road. Without the protective metal cage of a vehicle, a collision with a car—even at low speeds—can result in catastrophic injuries.

If you or a loved one has been struck by a vehicle, the physical and emotional toll can be overwhelming. You may be facing surgeries, months of rehabilitation, and the inability to work. On top of that, you might be dealing with an insurance company that seems more interested in closing your case quickly than ensuring you are fully recovered.

Understanding your legal rights is the first step toward protecting your future. This guide explains what to do immediately after an accident, how liability works when a walker is hit, and why consulting a specialized pedestrian accident attorney is often crucial for securing fair compensation.

Immediate Steps to Take After Being Hit by a Car

The moments after a collision are chaotic and terrifying. However, the actions you take at the scene and in the days following the accident can significantly impact your health and your ability to file a claim later.

1. Move to Safety and Call 911

If you are conscious and able to move, get out of the roadway to avoid being hit by other vehicles. Call 911 immediately. Police attendance is vital because the accident report serves as an unbiased record of the event. A hit by car lawyer will rely heavily on this report to establish the facts of the case.

2. Do Not Downplay Your Injuries

Adrenaline is a powerful painkiller. You might feel “okay” immediately after the impact, only to wake up the next morning in agony. Do not tell the driver, the police, or witnesses that you are uninjured. Simply say you are shaken up and will see a doctor. Admitting you are “fine” at the scene can be used by insurance companies to deny your injury claim later.

3. Gather Evidence

If you are physically able, document the scene:

• Photos: Take pictures of the vehicle that hit you, the intersection, traffic signals, crosswalk markings, and your injuries.
• Witnesses: Get names and phone numbers of anyone who saw the crash. Bystanders often provide the most accurate accounts of who had the right of way.
• Driver Info: Exchange contact and insurance information, but avoid discussing who was at fault.

4. Seek Immediate Medical Attention

Go to the emergency room or see your primary care physician as soon as possible. You need a medical professional to diagnose injuries like concussions, internal bleeding, or fractures. These medical records create a direct link between the accident and your injuries, which is essential evidence for any pedestrian injury attorney.

Understanding Pedestrian Rights and Liability

There is a common misconception that “the pedestrian always has the right of way.” While drivers bear a significant responsibility to watch for walkers, pedestrians also have rules to follow. However, even if you were partially at fault, you may still have a case.

The Driver’s Duty of Care

Drivers are legally obligated to exercise “reasonable care” to avoid hitting pedestrians. This includes obeying speed limits, yielding at crosswalks, and avoiding distractions like cell phones. According to the Governors Highway Safety Association (GHSA), pedestrian fatalities have reached historic highs, often due to speeding and distracted driving.

Crosswalks and Right of Way

Generally, drivers must yield to pedestrians in marked crosswalks. If you were hit while lawfully crossing the street, a crosswalk accident lawyer can typically build a strong case of negligence against the driver.

But what if you were jaywalking?

Can You Sue If You Were Jaywalking?

Yes, often you can. Many states operate under “comparative negligence” laws. This means that even if you were crossing outside a designated area, the driver still had a duty to avoid hitting you if they had time to react.

For example, if you were crossing mid-block but the driver was speeding and texting, a jury might find the driver 80% at fault and you 20% at fault. You could still recover 80% of your damages. Do not assume you have no rights just because you weren’t in a crosswalk; consult an attorney to review the specific laws in your state.

Why You Need a Pedestrian Accident Attorney

Pedestrian accidents often result in severe “hard” injuries—broken bones, traumatic brain injuries (TBI), and spinal cord damage. The medical costs for these injuries can easily exceed the limits of a standard auto insurance policy.

Here is why hiring a professional is vital:

1. Determining the Full Value of Your Claim

An insurance adjuster might offer you a settlement that covers your current emergency room bills. But what about future physical therapy? What about the three months of work you’ll miss? What about the chronic pain you’ll live with for years? A skilled pedestrian accident attorney works with medical experts to calculate the lifetime cost of your injuries, ensuring you don’t accept a lowball offer.

2. Investigating the Accident

Police reports don’t always tell the whole story. Your lawyer can pull security camera footage from nearby businesses, analyze the driver’s cell phone records to prove distraction, and hire accident reconstruction specialists to prove the driver was speeding.

3. Identifying All Sources of Compensation

In severe accidents, the driver’s insurance might not be enough. An experienced attorney can identify other pockets of coverage, such as:

• Underinsured Motorist (UIM) Coverage: Using your own auto insurance policy to cover the difference.
• Municipal Liability: If a malfunctioning traffic light or poorly designed crosswalk contributed to the crash.
• Commercial Policies: If the driver was working (e.g., a delivery driver) at the time of the accident.

Common Tactics Insurance Companies Use

Insurance companies are for-profit businesses. Their goal is to minimize payouts. After a pedestrian accident, adjusters often use specific tactics to devalue claims:

• The Recorded Statement: They will ask for a recorded statement “just to get the facts.” They are trained to ask leading questions to get you to admit fault or downplay your pain. Advice: Never give a recorded statement without a lawyer present.
• Blaming the Victim: They may argue you “darted out” into traffic or were wearing dark clothing at night, trying to shift liability entirely onto you.
• The Quick Settlement: They offer a check quickly, hoping you are desperate for cash. Signing this check usually releases them from any future liability, meaning you can never ask for more money, even if your condition worsens.

Conclusion: Protect Your Future

Being hit by a car is a traumatic event that can alter the course of your life. While you focus on healing, the clock is ticking on your ability to file a claim due to statutes of limitations. You do not have to navigate the complex legal system alone while recovering from serious injuries.

If you have been injured, reach out to a qualified pedestrian accident attorney today. Most personal injury firms offer free consultations and work on a contingency fee basis, meaning you pay nothing unless they win your case. It costs you nothing to learn about your rights, but failing to act could cost you your financial future.

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