Can A Pedestrian Sue If Hit By A Car: Know Your Legal Rights

Yes, a pedestrian can definitely sue if hit by a car. If a driver’s careless actions caused the accident, leading to injuries, the pedestrian has legal rights and can seek financial compensation by filing a personal injury claim or a pedestrian accident lawsuit against the driver.

Being hit by a car is a terrible event. It can cause severe injuries, big medical bills, lost time at work, and lasting pain. Knowing your legal rights after such an accident is very important. This guide explains what happens legally when a pedestrian is hit by a car and how you can seek justice and help.

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How Pedestrian Accidents Happen

Pedestrian accidents happen for many reasons. Often, they result from a driver not paying attention or breaking traffic rules.

• Distracted Driving: Drivers looking at phones, eating, or talking instead of the road.
• Speeding: Driving too fast makes it hard to stop in time.
• Failing to Yield: Drivers not stopping for pedestrians at crosswalks or intersections.
• Drunk or Drugged Driving: Driving under the influence greatly slows reaction time.
• Ignoring Traffic Signals: Running red lights or stop signs.
• Poor Visibility: Accidents happening at night or in bad weather, sometimes due to dark clothing or lack of streetlights.
• Aggressive Driving: Drivers making sudden turns or changing lanes without checking.

When a driver’s actions are careless and lead to a pedestrian being hit, the driver can be held responsible for the harm caused. This is the basis for a pedestrian accident lawsuit.

Figuring Out Who Is At Fault Pedestrian Car Accident

Deciding who is at fault in a pedestrian car accident is key to any legal case. Fault is usually based on negligence. Negligence means someone failed to act as a reasonably careful person would, and this failure caused harm.

For a driver to be found negligent, four things must usually be shown:

1. Duty: The driver owed a duty of care to the pedestrian. All drivers have a duty to drive safely and follow traffic laws to avoid hitting people.
2. Breach: The driver failed in this duty. This means they did something careless, like speeding or not yielding.
3. Causation: The driver’s careless act directly caused the pedestrian’s injuries. The accident would not have happened if the driver had been careful.
4. Damages: The pedestrian suffered actual harm or losses because of the injuries. This includes things like medical bills, lost wages, and pain.

Sometimes, a pedestrian might share some fault for the accident. For example, if a pedestrian crosses the street against a red light or outside a crosswalk, they might be partly to blame. How this affects your case depends on the state’s laws.

States follow different rules when both parties share fault:

• Contributory Negligence: In a few states, if the pedestrian is found even 1% at fault, they cannot recover any compensation.
• Comparative Negligence: Most states use this rule.
  • Pure Comparative Negligence: The pedestrian can recover damages even if they are mostly at fault. The amount of compensation is simply reduced by their percentage of fault. If you are 70% at fault, you get 30% of the total damages.
  • Modified Comparative Negligence: The pedestrian can recover damages if they are below a certain percentage of fault (usually 50%). If you are 50% or more at fault, you get nothing. If you are less than 50% at fault, your compensation is reduced by your percentage of fault.

Evidence is needed to prove fault. This can include:

• Police reports
• Witness statements
• Photos or videos of the accident scene
• Damage to the car and pedestrian’s belongings
• Skid marks on the road
• Traffic camera footage
• Expert analysis (like accident reconstruction)

Proving fault can be complex, especially if the driver or their insurance company denies responsibility.

Initial Steps After Being Hit By A Car

What you do right after being hit by a car is very important for your health and any future legal case.

• Seek Medical Help Immediately: Your health is the top priority. Call 911 or have someone else call. Get checked by doctors, even if you feel okay. Some injuries show up later. Follow all medical advice. Keep records of all doctors’ visits and treatments.
• Call the Police: Report the accident. The police will come to the scene, take statements, and create a police report. This report is key evidence. Make sure the report details are accurate, if possible.
• Gather Information: If you are able, collect information at the scene:
  • Driver’s name, contact info, and insurance details.
  • Car’s make, model, color, and license plate number.
  • Names and contact info of any witnesses.
  • Take photos or videos of the accident scene, vehicle damage, your injuries, traffic signals, and road conditions.
• Do Not Admit Fault: Do not say “I’m sorry” or anything that could be seen as admitting the accident was your fault, even partly. Just state the facts.
• Limit Talk with Insurance Companies: The driver’s insurance company may call you quickly. Be careful what you say. They are trying to find ways to pay you less or deny your claim. Do not give a recorded statement without speaking to a lawyer first.
• Keep Everything: Save all documents related to the accident and your injuries. This includes police reports, medical bills, repair estimates for damaged belongings, photos, and notes about how the injury affects your daily life.

These steps help protect your health and build a strong foundation for a pedestrian personal injury claim.

Pursuing A Pedestrian Personal Injury Claim

Once you’ve received medical care and gathered initial information, the legal process usually begins with filing a pedestrian personal injury claim. This claim is typically made against the driver’s car insurance policy.

• Notifying the Insurer: You or your lawyer notify the responsible driver’s insurance company about the accident and your injuries.
• Investigation: The insurance company will investigate the claim. They will review the police report, talk to witnesses, look at photos, and review your medical records. Remember, their goal is to resolve the claim for the lowest possible cost.
• Calculating Damages: You or your lawyer will calculate the full extent of your losses (damages for pedestrian hit by car). This includes current and future medical costs, lost wages, pain and suffering, and other losses.
• Negotiation: Your lawyer will negotiate with the insurance adjuster to reach a fair settlement amount. This can take time. Your lawyer will present evidence to support your claim and demand for compensation.
• Settlement: If a fair amount is agreed upon, the claim is settled. You receive the agreed-upon compensation, and you sign a release saying you won’t sue the driver for this accident.

Most pedestrian accident cases are settled outside of court during the claims process or before a trial finishes. However, if the insurance company does not offer a fair settlement, the next step is often a pedestrian accident lawsuit.

Suing Driver After Hitting Pedestrian: The Lawsuit Process

If negotiations fail, you might decide that suing the driver after hitting pedestrian is necessary to get fair compensation. Filing a lawsuit moves the case into the court system.

The lawsuit process involves several stages:

1. Filing the Complaint: Your lawyer files a legal document called a complaint with the court. This document names the driver as the defendant and states the facts of the accident, why the driver is at fault, and the damages you are seeking.
2. Serving the Defendant: The court documents must be formally given to the driver (the defendant). This is called service of process.
3. Answer: The driver (usually through their insurance company’s lawyer) files a response to the complaint, called an answer. They might deny fault or raise defenses.
4. Discovery: This is a key stage where both sides exchange information and evidence. It can include:
   • Interrogatories: Written questions that must be answered under oath.
   • Requests for Production: Asking for documents, photos, videos, and other evidence.
   • Depositions: Out-of-court questioning of witnesses, the driver, and the pedestrian under oath.
   • Requests for Admission: Asking the other side to admit or deny certain facts.
5. Motions: Either side can file motions with the court asking the judge to make decisions on certain issues before trial.
6. Mediation or Arbitration: The court might require or the parties might agree to try to settle the case with the help of a neutral third party (mediator or arbitrator).
7. Trial: If no settlement is reached, the case goes to trial. Both sides present their evidence and arguments to a judge or jury, who will decide who is at fault and what damages should be awarded.
8. Appeal: If a party disagrees with the trial outcome, they might be able to appeal the decision to a higher court.

The lawsuit process can be long and complex. Having a lawyer who understands pedestrian accident lawsuits is vital.

Interpreting Pedestrian Rights After Being Hit

Knowing your pedestrian rights after being hit is crucial. These rights protect you and allow you to seek recovery for your losses.

Your rights include:

• Right to Medical Care: You have the right to seek and receive necessary medical treatment for your injuries.
• Right to Report the Accident: You have the right to call the police and have the accident documented.
• Right to Seek Compensation: If the driver was at fault, you have the right to seek financial compensation for your injuries and losses. This is done through a claim or lawsuit.
• Right to Legal Representation: You have the right to hire a lawyer to help you with your claim or lawsuit. A lawyer can advise you on your rights and handle the legal process for you.
• Right to Privacy: While your medical records related to the accident will be part of the case, you have rights regarding the privacy of your personal information.
• Right to Negotiate: You have the right to negotiate with the insurance company for a fair settlement. You are not required to accept their first offer.
• Right to Go to Court: If a fair settlement cannot be reached, you have the right to take your case to court and have a judge or jury decide.

It’s important to exercise these rights, especially the right to medical care and the right to seek legal advice. Insurance companies may try to minimize your rights or pressure you into a quick, low settlement.

Grasping Car Insurance Hitting Pedestrian

Car insurance plays a major role when a pedestrian is hit by a car. The at-fault driver’s liability insurance is usually the primary source of compensation for the injured pedestrian.

• Liability Coverage: This part of the driver’s insurance pays for damages (like medical bills, lost wages, and pain) the driver causes to others in an accident. Each policy has limits – the maximum amount the insurance company will pay.
• Minimum Coverage Requirements: Every state requires drivers to have a minimum amount of liability insurance. However, minimum coverage may not be enough to cover severe pedestrian injuries.
• Underinsured/Uninsured Motorist Coverage (UIM/UM): Your own car insurance policy (if you have one, even though you were walking) might have UIM/UM coverage. This coverage can help if the at-fault driver has no insurance (UM) or not enough insurance (UIM) to cover your damages. You would make a claim against your own policy.
• Medical Payments Coverage (MedPay) or Personal Injury Protection (PIP): If you have these coverages on your own car insurance, they can help pay for your medical bills regardless of who was at fault. This can provide quick funds for treatment while the liability claim is pending.
• Homeowner’s or Umbrella Policy: In some rare cases, if the driver’s auto insurance limits are too low and your damages are very high, you might be able to seek funds from their personal umbrella policy or potentially a homeowner’s policy if there’s a unique circumstance connecting the accident to the property (less common).

Dealing with car insurance hitting pedestrian claims can be tricky. Insurers protect their money. They might question the severity of your injuries, argue you were partly or fully at fault, or offer a settlement that is much lower than your actual losses. This is why professional legal help is often necessary.

Fathoming The Statute Of Limitations Pedestrian Injury

The statute of limitations is a law that sets a deadline for filing a lawsuit. If you miss this deadline, you lose your right to sue the at-fault party forever, no matter how strong your case is.

• Typical Timeline: For most personal injury cases, including pedestrian accidents, the statute of limitations is usually two or three years from the date of the accident. However, this time limit varies significantly from state to state. Some states have shorter periods, some longer.
• Importance: Knowing and meeting this deadline is absolutely critical. Your lawyer will make sure your lawsuit is filed within the required time frame if a settlement is not reached.
• Exceptions: In rare situations, the clock might start later or be paused (tolled). For example, if the injured person was a minor, the statute of limitations might not start until they turn 18. However, these exceptions are specific and not common.

Do not wait until the last minute to seek legal advice. Investigating a pedestrian accident takes time. Gathering evidence, getting medical records, and negotiating with insurance companies can all take months. Contacting a lawyer soon after the accident ensures they have enough time to build your case and meet all legal deadlines, including the statute of limitations pedestrian injury.

Determining Damages For Pedestrian Hit By Car

When a pedestrian is hit by a car, they can suffer many types of losses. The law allows the injured pedestrian to seek financial compensation, known as damages, for these losses. Damages are intended to help the injured person recover financially and be made “whole” again, as much as money can allow.

Damages are generally split into two main types: economic and non-economic.

• Economic Damages: These are losses that have a clear monetary value. They are often easier to calculate using bills, receipts, and wage statements.

  • Medical Expenses: This includes all costs related to treating your injuries, from the ambulance ride and emergency room visit to hospital stays, surgeries, doctor appointments, medications, physical therapy, rehabilitation, medical devices (like crutches or wheelchairs), and future medical care expected for your injuries.
  • Lost Wages: Compensation for the income you lost because you were too injured to work. This includes salary, hourly wages, bonuses, commissions, and other forms of income.
  • Loss of Earning Capacity: If your injuries are severe and prevent you from doing the same type of work as before, or reduce your ability to earn money in the future, you can seek damages for this expected future loss of income.
  • Property Damage: Costs to repair or replace personal items damaged in the accident, such as a phone, watch, or bicycle.
  • Other Out-of-Pocket Costs: Any other reasonable expenses directly related to the accident and your injuries, like transportation to medical appointments or hiring help for household tasks you can no longer do.

• Non-Economic Damages: These losses are more subjective and harder to put a exact dollar amount on. They relate to the non-financial impacts of the injury.

  • Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injuries. This is a major part of many personal injury claims.
  • Emotional Distress: Includes anxiety, fear, depression, PTSD, and other psychological impacts resulting from the trauma of the accident and injuries.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, sports, social activities, or daily tasks you enjoyed before the accident.
  • Disfigurement or Scarring: Compensation for visible physical changes caused by the injuries.
  • Loss of Consortium: In some cases, the spouse of the injured person can seek damages for the loss of companionship, affection, and other aspects of the marital relationship due to the injuries.

Calculating the full amount of damages for pedestrian hit by car requires careful review of all your losses, both current and future. Severe injuries can result in very high damage claims, often exceeding the limits of a driver’s minimum insurance policy.

Here is a simple look at common damages:

Type of Damage	Examples	How It’s Calculated
Economic	Medical Bills, Lost Pay	Based on actual bills, wage statements, expert forecasts
Non-Economic	Pain, Emotional Stress, Loss of Enjoyment	Based on severity of injury, impact on life, often estimated

In rare cases where a driver acted extremely recklessly or intentionally caused harm, punitive damages might also be awarded. These are not meant to compensate the victim but to punish the wrongdoer and deter others. However, punitive damages are uncommon in standard accident cases.

Considering Hiring Lawyer Pedestrian Accident

After being hit by a car, you are not required to hire a lawyer. However, seriously considering hiring lawyer pedestrian accident is highly recommended, especially if your injuries are more than minor cuts or bruises.

Here’s how a lawyer helps:

• Legal Expertise: Accident law is complex. A lawyer knows the laws in your state, including traffic laws, negligence rules, and the statute of limitations pedestrian injury.
• Investigating the Accident: Lawyers can conduct a thorough investigation, gathering evidence the police might have missed. They can work with accident reconstruction experts if needed to prove who was at fault.
• Dealing with Insurance Companies: Insurance adjusters are skilled negotiators aiming to pay as little as possible. A lawyer understands their tactics, can protect you from saying something that could hurt your case, and will negotiate aggressively on your behalf. They know the true value of your pedestrian personal injury claim.
• Calculating Damages: A lawyer will ensure all your damages, including future medical costs and lost earning capacity, are properly calculated and included in your claim.
• Handling Paperwork and Deadlines: Legal cases involve lots of documents and strict deadlines. A lawyer manages all this complex paperwork and ensures nothing is missed.
• Representing You in Court: If a fair settlement isn’t reached, your lawyer will be prepared to take your case to court, arguing on your behalf and presenting evidence to a judge or jury.
• Access to Resources: Lawyers often have relationships with medical experts, investigators, and other professionals who can strengthen your case.
• Peace of Mind: Dealing with injuries, medical treatment, and financial stress is hard enough. Handing the legal battle over to a professional allows you to focus on your recovery.

Most personal injury lawyers work on a contingency fee basis. This means you don’t pay upfront legal fees. The lawyer’s fee is a percentage of the money they recover for you. If they don’t win your case, you generally don’t pay lawyer fees. This makes legal help accessible even if you have limited funds.

When choosing a lawyer, look for someone experienced in pedestrian accident cases. Check their track record and make sure you feel comfortable talking to them. A good lawyer will explain your options clearly and keep you informed.

Understanding Why Pedestrian Accidents Are Serious

Pedestrians have no protection in a collision with a car. The impact can cause severe, life-altering injuries.

• Head and Brain Injuries: Traumatic Brain Injury (TBI) is common and can lead to long-term cognitive, emotional, and physical problems.
• Spinal Cord Injuries: Can result in partial or complete paralysis.
• Bone Fractures: Legs, hips, arms, and pelvis are often broken. These can require multiple surgeries and long recovery times.
• Internal Injuries: Damage to organs can be life-threatening.
• Lacerations and Abrasions: Cuts and scrapes, often severe, can lead to scarring and infection.
• Psychological Trauma: The experience can cause significant emotional distress, anxiety, depression, and PTSD.

The severity of these injuries directly impacts the value of a pedestrian accident compensation claim. The more severe the injury, the higher the medical costs, the longer the recovery, and the greater the impact on the person’s life, leading to higher damages.

Common Questions About Pedestrian Accidents

Here are answers to questions people often ask after being hit by a car as a pedestrian.

Is the Driver Always At Fault If They Hit a Pedestrian?

No, not always. While drivers must be careful and watch for pedestrians, pedestrians also have rules to follow (like using crosswalks and obeying signals). If a pedestrian causes an accident by being careless (e.g., suddenly running into the street), they might be partly or entirely at fault. However, in most cases involving a car hitting a pedestrian, the driver is found to have some level of fault due to the high duty of care they have when operating a vehicle.

What If The Driver Left The Scene (Hit and Run)?

Being a victim of a hit and run is awful. It is still possible to seek compensation.

• Police Investigation: The police will try to find the driver.
• Your Own Insurance: If you have uninsured motorist coverage on your car insurance policy, it can cover your medical bills and other damages, even though you weren’t in a car at the time. This is a common way to get compensation in hit and run pedestrian cases.
• Victim Compensation Funds: Some states have funds to help victims of hit and run drivers, though these often have limits.

Hiring lawyer pedestrian accident is very important in hit and run cases as they are complex.

How Long Does A Pedestrian Accident Claim Take?

The time a claim takes varies a lot. Simple cases with minor injuries might settle in a few months. More complex cases, especially those with severe injuries, questions of fault, or high damages, can take a year or more to settle. If a lawsuit is filed, the process can take two years or longer to reach a trial.

Can I Still Get Compensation If I Was Partially At Fault?

In most states, yes, due to comparative negligence rules. Your compensation would likely be reduced by your percentage of fault. If you are in a state with modified comparative negligence and your fault meets or exceeds the state’s limit (often 50%), you may not be able to recover anything. A lawyer can explain how fault rules in your state affect your specific situation.

What Is My Pedestrian Accident Claim Worth?

There is no average value for pedestrian accident claims. The worth depends on many things: the severity of your injuries, the total amount of your medical bills and lost wages, whether your injuries are permanent, the impact on your quality of life, the strength of the evidence proving the driver’s fault, and the amount of available insurance coverage. A lawyer can help you understand the potential value of your claim after reviewing all details.

What if the Driver Doesn’t Have Insurance?

If the at-fault driver is uninsured, your options might include:

• Using your own uninsured motorist coverage (UM) if you have it.
• Using your own medical payments coverage (MedPay) or PIP.
• Exploring assets the driver might have (though this is often difficult).
• Seeking help from state victim compensation funds.

Uninsured driver cases are challenging. Again, an experienced lawyer is key.

What Happens If The Pedestrian Died From Their Injuries?

If a pedestrian dies from injuries sustained in a car accident, their family members (like spouses, children, or parents) may be able to file a wrongful death lawsuit. This type of lawsuit seeks compensation for the losses suffered by the family, such as funeral expenses, loss of financial support the deceased provided, and loss of companionship.

Conclusion

Being hit by a car as a pedestrian can change your life in an instant. The physical, emotional, and financial costs can be huge. Knowing that you have legal rights and can seek justice and compensation from the at-fault driver is important.

Pursuing a pedestrian personal injury claim or a pedestrian accident lawsuit involves figuring out who was at fault, dealing with car insurance companies, calculating damages for pedestrian hit by car, and navigating legal deadlines like the statute of limitations pedestrian injury.

While you have the right to handle a claim yourself, the process is often difficult and complex. Suing driver after hitting pedestrian requires proving negligence and fighting for fair compensation. Seriously considering hiring lawyer pedestrian accident can make a major difference in the outcome of your case, ensuring your pedestrian rights after being hit are protected and that you receive the maximum possible pedestrian accident compensation to help you recover and rebuild your life. Don’t wait to seek legal advice if you have been injured.