Being struck by a vehicle while walking can be a life-altering experience that leaves victims facing physical injuries, emotional trauma, and financial burdens.
Pedestrian accidents occur with alarming frequency across the United States, with thousands of individuals experiencing these traumatic events each year. Understanding your legal rights and the steps to take following such an incident is crucial for protecting your health and financial future.
In this comprehensive guide, we’ll explore the immediate actions to take after being hit by a vehicle, the legal considerations you should be aware of, and how to navigate the complex aftermath of a pedestrian accident. Whether you’ve recently experienced such an incident or want to be prepared should the unthinkable happen, this information will provide valuable insights into protecting yourself legally and physically.
At Cambre & Associates, we’ve helped numerous pedestrian accident victims navigate these challenging situations. Our experience has shown that knowing what to do in the critical moments and days following an accident can significantly impact your recovery and potential compensation.
Take Control Immediately After a Pedestrian Accident
The moments immediately following a pedestrian accident are critical both for your health and any future legal action. If you find yourself in this unfortunate situation, try to remain as calm as possible and take these essential steps:
- Seek medical attention immediately. Even if you believe your injuries are minor, some serious conditions like internal bleeding or traumatic brain injuries may not show symptoms right away. Always get checked by medical professionals.
- Call the police to report the accident. A police report serves as an official record of the incident and can be invaluable for insurance claims and potential legal action.
- Collect information from the driver, including their name, contact details, insurance information, and vehicle details. Take photos of the driver’s license, insurance card, and license plate.
- Document the scene by taking photographs of the accident location, your injuries, damage to the vehicle, traffic signals, weather conditions, and any skid marks or debris.
- Gather witness information if anyone saw the accident occur. Their testimony could prove crucial in establishing what happened.
Remember that your health should be your primary concern. Don’t refuse medical care to collect information; your well-being comes first. Similar to what to do if you hit your head in a fall, seeking prompt medical attention is essential to identify and treat potential injuries before they worsen.
Know Your Rights to Maximize Injury Compensation
Pedestrians generally have the right-of-way in many situations, but this doesn’t mean you’re automatically entitled to compensation if hit by a vehicle. Legal rights in pedestrian accidents vary by state but typically include:
Right to Compensation for Damages
If the driver was at fault, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Property damage
Comparative Negligence Considerations
Many states follow “comparative negligence” rules, which means compensation may be reduced by your percentage of fault in causing the accident. For example, if you were crossing outside a crosswalk or against a traffic signal, you might be found partially responsible.
Different states handle comparative negligence differently:
- Pure Comparative Negligence: You can recover damages even if you’re 99% at fault, though your compensation will be reduced by your percentage of fault.
- Modified Comparative Negligence: You can recover damages only if you’re less than 50% or 51% at fault (depending on the state).
- Contributory Negligence: In a few states, if you contributed to the accident in any way, you may be barred from recovering damages.
Understanding these nuances is why consulting with an experienced personal injury attorney from Cambre & Associates is crucial after a pedestrian accident.
Recognize Serious Injuries That Could Affect Your Case
Pedestrian accidents often result in severe injuries due to the significant disparity between a human body and a vehicle. Understanding these potential injuries can help you recognize symptoms and seek appropriate medical care:
Head and Brain Injuries
These range from mild concussions to severe traumatic brain injuries (TBIs). Symptoms may include headaches, dizziness, confusion, memory problems, or loss of consciousness. Head injuries require immediate medical attention, as they can have long-term consequences.
Spinal Cord Injuries
Damage to the spinal cord can result in partial or complete paralysis. These life-altering injuries often require extensive rehabilitation and may lead to permanent disability.
Broken Bones and Fractures
The impact of a vehicle can easily break bones in the legs, arms, ribs, hips, or pelvis. Some fractures may require surgery and extended recovery periods.
Soft Tissue Injuries
These include sprains, strains, tears to muscles, tendons, and ligaments, as well as severe bruising. While sometimes less visible than other injuries, they can cause significant pain and mobility issues.
Internal Injuries
Damage to internal organs from the impact can lead to internal bleeding, which may not be immediately apparent but can be life-threatening if not treated promptly.
Psychological Trauma
Beyond physical injuries, many pedestrian accident victims experience post-traumatic stress disorder (PTSD), anxiety, depression, or phobias related to walking near traffic or crossing streets.
Avoid Costly Mistakes When Dealing With Insurance Companies
After a pedestrian accident, you’ll likely need to navigate communications with insurance companies, both your own and the driver’s. This process can be challenging and filled with potential pitfalls:
Types of Insurance Coverage That May Apply
- Driver’s Liability Insurance: This is the primary source of compensation for pedestrians hit by cars.
- Your Health Insurance: May cover medical expenses, but will likely seek reimbursement from any settlement you receive.
- Your Auto Insurance: If you own a vehicle, your uninsured/underinsured motorist coverage might apply even though you were walking.
- Homeowner’s Insurance: In some cases, it may provide coverage for accidents away from home.
Common Insurance Company Tactics
Insurance adjusters may:
- Contact you quickly after the accident, seeking a recorded statement
- Offer a quick but inadequate settlement before you understand the full extent of your injuries
- Question the severity of your injuries or imply you were at fault
- Request unnecessary access to your entire medical history
- Delay processing your claim in hopes you’ll accept a lower settlement
The rise of rideshare services has complicated these matters further, as discussed in our article about the rise of new rideshare services in Atlanta. When pedestrian accidents involve rideshare vehicles, multiple insurance policies may come into play, making these cases particularly complex.
Identify the Liable Parties to Strengthen Your Claim
Establishing liability in a pedestrian accident involves examining several aspects beyond just the driver’s behavior. Here’s how liability may be assessed:
- Negligent Driving Behavior: Liability often lies with the driver if they were engaging in actions such as speeding, distracted driving (like texting), impaired driving, ignoring crosswalks or traffic signals, or making illegal turns.
- Pedestrian Responsibility: Pedestrians aren’t exempt from scrutiny. If you were jaywalking, crossing against signals, distracted while crossing (e.g., on your phone), or entered the roadway unexpectedly, these actions could reduce your claim under comparative negligence laws.
- Environmental and Third-Party Factors: Responsibility can also extend to municipalities or third parties if poorly maintained roads, missing signage, malfunctioning traffic signals, or unsafe construction zones contributed to the accident.
Investigating liability involves reviewing police reports, eyewitness accounts, surveillance footage, and sometimes input from accident reconstruction experts. Your legal team will work to identify every contributing factor and responsible party to build a strong claim on your behalf.
Understand the Legal Process to Prepare for What’s Next
If you’ve been hit by a car while walking, understanding the legal process ahead can help you navigate it more effectively:
Statute of Limitations
Each state has a statute of limitations, a deadline for filing lawsuits. These typically range from 1-3 years after the accident, but certain exceptions may apply. Missing this deadline usually means losing your right to seek compensation permanently.
The Claims Process
The typical progression of a pedestrian accident claim includes:
- Investigation phase, namely gathering evidence, medical records, and witness statements
- Demand letter to the insurance company outlining damages
- Negotiation period attempting to reach a fair settlement
- Filing a lawsuit if negotiations fail
- The discovery phase, where both sides exchange information
- Mediation or settlement conferences
- Trial (if necessary)
- Appeals (if applicable)
Most cases settle before trial, but having an attorney prepared to litigate if necessary strengthens your negotiating position. As experts in personal injury law, the team at Cambre & Associates can guide you through each step of this process.
Calculate Your Damages to Ensure a Fair Settlement
Determining fair compensation in pedestrian accident cases involves considering various factors:
Economic Damages
These are quantifiable financial losses, including:
- Current and future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Rehabilitation costs
- Transportation to medical appointments
- Home modifications for disabilities
- In-home care expenses
Non-Economic Damages
These more subjective damages are harder to quantify but no less important:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Permanent disability
- Loss of consortium (impact on relationships)
Punitive Damages
In cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
The severity of injuries, your age, occupation, pre-existing conditions, and the impact on your quality of life all influence the calculation of damages. An experienced attorney will ensure all applicable damages are properly documented and included in your claim.
Frequently Asked Questions
What should I do if the driver flees the scene after hitting me?
If you’re the victim of a hit-and-run, focus first on your safety and medical needs. Call 911 immediately to report the accident and request medical assistance. Try to remember details about the vehicle: make, model, color, license plate (even partial), and any identifying features.
Look for witnesses and surveillance cameras in the area that might have captured the incident. Even without identifying the driver, you may be able to seek compensation through your uninsured motorist coverage if you have auto insurance, so contact an attorney to discuss your options.
Can I still receive compensation if I was partially at fault for the accident?
Yes, in most states, you can still receive compensation even if you were partially at fault, though your recovery may be reduced. States following comparative negligence rules allow recovery with a reduction based on your percentage of fault.
For example, if you’re found 30% responsible and your damages total $100,000, you might recover $70,000. However, some states bar recovery if you’re more than 50% or 51% at fault. A few states follow contributory negligence rules, which can prevent recovery if you contributed to the accident in any way, making legal representation particularly important.
How long will it take to resolve my pedestrian accident claim?
The timeline for resolving pedestrian accident claims varies widely based on several factors: the severity of injuries, clarity of liability, insurance company cooperation, and whether the case settles or goes to trial. Simple cases with clear liability and minor injuries might resolve in 3–6 months.
Complex cases involving serious injuries typically take 1–2 years to settle. If your case goes to trial, it could take 2–3 years or longer to resolve. While waiting for a settlement can be challenging financially, rushing the process before understanding your full medical prognosis may result in inadequate compensation.
What if I can’t afford a lawyer after being hit by a car?
Most personal injury attorneys, including our team at Cambre & Associates, work on a contingency fee basis. This means you pay no upfront costs or hourly fees. Instead, the attorney receives a percentage of your settlement or court award, typically between 33% and 40%.
If you don’t recover compensation, you don’t owe attorney’s fees. This arrangement makes legal representation accessible regardless of your financial situation. Many attorneys also offer free initial consultations to evaluate your case, so you can understand your options without financial commitment.
Should I speak with the driver’s insurance company after being hit?
It’s generally not advisable to speak directly with the driver’s insurance company without legal representation. Insurance adjusters are trained to minimize the company’s liability and may use your statements against you.
Politely decline to give recorded statements and inform them you’re consulting with an attorney. If you must communicate with them, provide only basic facts about the accident without elaborating, admitting fault, or discussing your injuries in detail.
Remember that insurance companies prioritize their profits over your recovery, so having an advocate who understands their tactics is crucial to protecting your interests.
Contact Cambre & Associates to Protect Your Rights and Start Your Claim
Being hit by a car as a pedestrian can have devastating consequences, but understanding your legal rights and taking appropriate action can significantly impact your recovery, both physically and financially.
From seeking immediate medical attention to preserving evidence and consulting with an experienced attorney, every decision you make matters. Insurance companies often put profits over your well-being. Having a dedicated legal team ensures your claim is handled with the care and urgency it deserves.
If you or a loved one has been injured in a pedestrian accident, reach out to Cambre & Associates today to begin your path toward full and fair compensation.
About Cambre & Associates
Cambre & Associates is dedicated to serving victims of personal injury with unwavering commitment and legal clarity. With years of experience helping injured pedestrians navigate complex accident claims, our team understands the physical, emotional, and financial toll these incidents bring.
Our team is here to support injured pedestrians by offering the legal insight and resources necessary to recover from these life-changing incidents and move forward with confidence.