It’s scary to be hit by a car as a pedestrian.
You’re crossing the road one second and then find yourself flat on the asphalt the next with serious injuries. Your life is instantly turned upside down. You’re left with huge medical bills, missed paychecks, and pain and suffering that may never fully go away.
There are things you need to know if a driver hits you while you’re walking.
This complete pedestrian accident lawsuit guide covers everything you should know about pedestrian accident lawsuits and legal rights. If you or someone you love was recently injured as a pedestrian, keep reading. This guide will help you understand your options.
Pedestrian Accidents by the Numbers
To give you a better understanding of the severity of pedestrian accidents, take a look at some of these statistics.
Drivers killed 7,148 pedestrians in 2024, that’s someone’s mom, dad, or loved one getting struck by a car every single day.
Pedestrian deaths have increased 48% since 2014. The roads are becoming increasingly more dangerous for those walking and the numbers are only going up.
If a driver hits you while you’re walking, you have legal rights.
The right pedestrian accident lawyer can make all the difference between barely scraping by and getting the money you need to recover.
Talk to a pedestrian accident lawyer in NYC immediately after an accident to understand your options. Lawsuits are complex, but the right legal help can get you the compensation you need to move forward.
When Do You Actually Need a Lawyer?
Listen, here’s the deal…
You don’t need a lawyer for every pedestrian accident. Most are minor with only a few bruises and scrapes that will heal within a few weeks. This can be resolved through an insurance claim.
However, if you have a serious accident with significant injuries, you need legal help. That’s the only way to make sure the insurance companies don’t short change you. Here are a few reasons you need a pedestrian accident lawyer.
- You have serious injuries
- You may have long-term disabilities
- The driver left the scene of the accident (hit-and-run)
- The insurance company is not budging
- You have been found at fault
- There is more than one person at fault
What is the Average Settlement for a Pedestrian Accident?
Alright, let’s cut to the chase…
Every pedestrian accident is different. There’s no cookie-cutter answer. Your personal injuries and their effect on your life determine the value of your case.
However, pedestrian accident settlements generally include two main categories of damages:
Economic Damages — This refers to your out-of-pocket losses including medical bills, lost wages, future medical costs, and lost earning capacity if you’re unable to work at your previous job.
Non-Economic Damages — These are intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement.
In rare cases you might also be awarded punitive damages. This is a one-time sum awarded by the judge to punish the defendant for egregious conduct. Drunk driving and texting while driving could lead to punitive damages.
The injuries you sustain play the biggest factor in the overall value of the claim. Broken bones and soft tissue injuries might only warrant a settlement offer of $10,000 to $75,000.
But catastrophic injuries like traumatic brain injuries, paralysis, and amputations? These claims can reach $100,000 or more. In rare cases multi-million dollar pedestrian accident settlements have been awarded.
Pedestrian Accident Lawsuit: The Legal Process Explained
Filing a pedestrian accident lawsuit is not as scary as it seems.
Here’s how it works.
Step 1: Investigate the accident – Your lawyer will review the accident and start gathering evidence. This includes the police report, witness statements, photos and videos from the scene, and medical records.
Step 2: File an insurance claim – Your attorney will submit a claim with the at-fault driver’s insurance company and start negotiations. Most cases settle without ever going to court.
Step 3: File a lawsuit – If the insurance company won’t give you a fair settlement, your lawyer will file a lawsuit. A complaint is filed with the court and served to the defendant.
Step 4: Discovery – During the lawsuit, both sides exchange information in a phase known as discovery. Your attorney will likely take depositions (formal interviews under oath), request documents, and hire expert witnesses.
Many cases settle after the lawsuit is filed. Insurance companies don’t want the costs and risks of trial.
If settlement isn’t reached, the case goes to trial where a judge or jury decides liability and damages.
Common Mistakes That Can Destroy Your Case
Don’t shoot yourself in the foot by making these mistakes…
Waiting too long to file – States have a deadline called the statute of limitations for filing a pedestrian accident lawsuit. It’s usually 2-3 years. Let that time pass and you lose your ability to sue.
Accepting the first offer – Insurance companies always make low ball offers. That’s their job. But by accepting their first offer, you might leave money on the table. Insurance companies hope you’ll take what they offer because you want money now.
Not seeing a doctor right away – Even if you feel fine after an accident, see a doctor. Some injuries don’t show symptoms right away. Insurance companies will use your delay to deny your claim or lower the settlement offer.
Giving a recorded statement without a lawyer present – Insurance adjusters will call you and ask you to give a recorded statement about the accident. Don’t do it. Everything you say can and will be used against you.
Posting on social media – Insurance companies look at your social media accounts for evidence. That post of you walking without a limp or that vacation picture where you’re grinning? Expect them to argue your injuries aren’t that bad.
Is the Driver Always at Fault?
Here’s the thing about fault…
People assume that when a driver hits a pedestrian, the driver is automatically at fault. Not true.
Pedestrians have a duty to follow traffic laws and not put themselves in harm’s way. Jaywalking, crossing against a red light, or walking while intoxicated can make the pedestrian partially or fully at fault.
States vary on how they handle shared fault.
In contributory negligence states, if you were even 1% at fault, you can’t recover any compensation. This rule is very strict and only a few states follow it.
Pure comparative fault states allow you to recover compensation minus your percentage of fault. If you were 30% at fault, you receive 70% of the total damages.
Modified comparative fault states are similar to pure, but you can only recover damages if you’re less than 50% or 51% at fault (varies by state).
A knowledgeable lawyer knows how to minimize your fault and maximize the driver’s responsibility.
Time is Not Your Friend
Look, I understand…
Dealing with a lawsuit is the last thing you want to do after a serious accident. You just want to put it behind you. Focus on recovering and moving on with your life.
But don’t wait too long to take legal action.
The longer you wait, the harder it is to build a strong case. Evidence is lost or destroyed. Witnesses’ memories fade. Security camera footage is erased. Insurance companies use delay to their advantage.
Act quickly to contact a pedestrian accident lawyer. The sooner you file a lawsuit, the better your chances of success.
Take Action
Pedestrian accidents are tragic. They cause life-altering injuries, crushing medical expenses, and emotional trauma for victims and families.
The good news is you don’t have to suffer alone. An experienced pedestrian accident attorney can handle the legal work and fight for the compensation you deserve.
Your case is unique. The injuries you suffered, the circumstances surrounding the accident, and the impact on your life will determine how much your claim is worth.
Don’t let insurance companies take advantage of you. Get the legal help you need to protect your rights and secure your future.
