Pedestrians are among the most vulnerable road users, with little to no protection against the force of a moving vehicle. Even a low-speed collision can cause devastating injuries such as broken bones, spinal cord damage, or traumatic brain injuries.
If a negligent driver caused your pedestrian accident, you have the right to seek compensation for your injury-related losses. However, pursuing compensation from the at-fault party can be challenging without the assistance of skilled legal professionals.
At Anderson O’Brien, LLP, our experienced pedestrian accident lawyers dedicate themselves to protecting the rights of pedestrians who suffer injuries. We can investigate the cause of your accident and build a strong case on your behalf.
Key Takeaways Involving Pedestrian Accidents:
- Pedestrian accidents often result from distracted driving, speeding, failure to yield, poor visibility, and unsafe road conditions.
- Fault depends on evidence such as police reports, eyewitness testimony, surveillance footage, medical records, and professional analysis.
- Pedestrians can sue when they face low settlement offers, disputed liability, severe injuries, uninsured drivers, bad-faith insurers, or wrongful death claims.
- Settlement timelines vary widely, ranging from a few months for simple cases to potentially several years for claims involving multiple parties or litigation.
- Call a pedestrian accident attorney to protect your right to compensation.
Most Common Causes of Pedestrian Accidents
Pedestrian accidents cause victims to endure devastating injuries and the loss of loved ones. Knowledge of common causes of pedestrian accidents allows you to establish liability and support your compensation claim.
Here are the common causes of pedestrian accidents:
Distracted Driving
Distracted driving remains one of the leading causes of pedestrian accidents. Distracted driving is the act of operating a vehicle while attention is diverted from the road, increasing the risk of accidents.
Drivers who text, make phone calls, adjust their GPS, eat, apply makeup, or engage with passengers take their attention away from the road, increasing the risk of an accident. Even a momentary glance at a smartphone can cause drivers to miss seeing pedestrians crossing the street or walking along the roadway.
Failure to Yield at Crosswalks
Many pedestrian accidents occur when drivers fail to yield the right of way at marked and unmarked crosswalks. Some motorists roll through crosswalks without stopping, while others accelerate to beat pedestrians who are attempting to cross the street.
Drivers making right turns on red lights frequently fail to check for pedestrians in the crosswalk before proceeding. Failure to yield is hazardous at busy intersections with heavy pedestrian traffic.
Speeding
Excessive speed increases both the likelihood and severity of pedestrian accidents. Speeding reduces a driver's reaction time and increases the distance needed to stop when a pedestrian enters the roadway.
Higher speeds also increase the force of impact, making injuries more severe and fatalities more likely. Drivers who exceed posted speed limits or drive too fast for conditions such as heavy pedestrian traffic, school zones, or residential areas put pedestrians at extreme risk.
Driving Under the Influence
Alcohol and drug impairment severely compromise a driver's ability to operate a vehicle safely. Impaired drivers experience reduced reaction times, poor judgment, blurred vision, and decreased coordination.
These impairments make it difficult to see pedestrians, judge distances accurately, or respond appropriately to pedestrians crossing the street. Drunk and drugged driving increases the risk of pedestrian accidents, particularly during evening and nighttime hours.
Poor Visibility and Inadequate Lighting
Pedestrian accidents occur most frequently at dawn, dusk, or nighttime, when visibility is low. Poorly lit streets, non-functioning streetlights, and inadequate lighting in parking lots and crosswalks make it difficult for drivers to see pedestrians.
Weather conditions such as rain, fog, and snow further reduce visibility. Dark clothing worn by pedestrians compounds the problem. Even so, drivers bear the responsibility to adjust their driving to current visibility conditions.
Left-Turn Accidents
Drivers making left turns at intersections often focus on oncoming traffic and gaps in the flow of vehicles. However, they fail to notice pedestrians crossing in the direction they're turning. Left-turn accidents are prevalent when drivers are rushing to complete turns before oncoming traffic arrives.
The combination of divided attention and time pressure creates dangerous situations for pedestrians who are legally crossing with the signal.
Backing Accidents
Vehicles backing out of driveways, parking spaces, and parking lots pose a risk to pedestrians through crashes. Drivers often have limited visibility when reversing, and backup cameras don't always detect small children or pedestrians in blind spots.
Large vehicles, such as SUVs and trucks, have significant blind spots behind them. Pedestrians walking through parking lots or on sidewalks adjacent to driveways are at risk of being struck by backing vehicles.
Unsafe Road Conditions
Defective road design, missing crosswalks, inadequate signage, non-functioning traffic signals, and poor road maintenance contribute to pedestrian accidents. Unsafe road designs force pedestrians to cross dangerous highways or streets without designated crossing points.
Construction zones that redirect pedestrian traffic without proper signage or barriers also create hazardous conditions. There is an increased risk of accidents when the infrastructure fails to accommodate pedestrian safety.
Who Is at Fault if a Car Hits a Pedestrian?
Determining fault in pedestrian accidents requires an investigation and compelling evidence. While drivers typically bear responsibility for exercising caution around pedestrians, fault in each case depends on the specific circumstances.
A skilled pedestrian accident lawyer can establish fault using the following sources of evidence:
Police Reports
Police reports provide an official account of the accident and serve as foundational evidence in pedestrian accident cases. A pedestrian accident lawyer can use these reports to identify the officer's preliminary determination of fault, document traffic violations, and obtain witness information collected at the scene.
The crash report may include diagrams of the accident scene, statements from involved parties, and citations issued to drivers. A pedestrian accident lawyer can use the crash report to corroborate their client's version of events and establish a baseline for proving the driver's negligence.
Eyewitness Testimony
Eyewitness accounts from people who witnessed the accident can provide independent verification of what happened. A pedestrian accident lawyer can interview witnesses to obtain detailed statements about the driver's behavior, vehicle speed, traffic signals, and the pedestrian's actions before impact.
A pedestrian accident attorney can use witness testimony to counter the driver's claims or establish that the pedestrian had the right of way. They can also demonstrate that the driver was distracted, speeding, or driving recklessly.
Surveillance and Traffic Camera Footage
Video footage from nearby businesses, traffic cameras, dashboard cameras, and residential security systems can provide irrefutable evidence of how the accident occurred. A pedestrian accident lawyer can secure and preserve the footage before it is deleted or overwritten.
A pedestrian accident attorney can use video evidence to demonstrate the driver's negligence. For example, they can use the evidence to show that the pedestrian was in a crosswalk, prove the status of the traffic signal, or establish the vehicle's speed.
Accident Scene Photos
Photographs of the accident scene capture details that may otherwise be lost. A pedestrian accident lawyer can use scene photos to document skid marks, vehicle damage, crosswalk locations, traffic signals, weather conditions, road defects, and sight obstructions.
These images help reconstruct the accident and demonstrate factors that contributed to the collision. A pedestrian accident attorney can hire professional photographers to document the scene from multiple angles, preserving evidence that supports their client's claim.
Medical Records
Comprehensive medical documentation establishes the extent and severity of the pedestrian's injuries. A pedestrian accident lawyer can use medical records to prove that the driver's negligence directly caused the documented injuries.
They can also use emergency room reports, diagnostic imaging, treatment notes, and professional medical opinion to demonstrate the impact of the location on the victim's body. Medical evidence also supports claims for compensation by documenting ongoing treatment needs.
Cell Phone Records
Cell phone records can prove a driver was distracted at the time of the accident. A pedestrian accident lawyer can subpoena phone records to show the driver was texting, making calls, or using apps when they struck the pedestrian.
Cell phone records help establish gross negligence or recklessness, potentially supporting claims for punitive damages. A pedestrian accident attorney can use phone records to counter drivers who deny distraction and demonstrate clear violations of distracted driving laws.
Expert Witness Analysis
Accident reconstructionists, biomechanical engineers, and other specialists provide professional opinions about how the accident occurred. A pedestrian accident lawyer can work with a professional to analyze evidence, calculate vehicle speeds, or determine sight distances.
They can also use an expert witness to evaluate reaction times and testify about the driver's failure to exercise reasonable care and caution. Professional testimony also helps juries understand technical aspects of the accident and provides authoritative support for your case.
Vehicle Data Recorders
Modern vehicles often include event data recorders that capture speed, braking, acceleration, and other factors immediately preceding a collision. A pedestrian accident lawyer can obtain the data through legal discovery to prove the driver was speeding, failed to brake, or accelerated dangerously.
Can a Pedestrian Sue if Hit by a Car?
Although many injured victims obtain compensation from the insurer of the negligent party, some cope without financial support. You can initiate a lawsuit to protect your right to fair compensation.
Here are common reasons a pedestrian may decide to sue:
Low Settlement Offers
Insurance companies sometimes offer quick settlements that fail to cover the full extent of medical bills, lost earnings, and long-term care. A pedestrian accident attorney can evaluate whether your settlement offer will cover your current and future losses.
They can also file a lawsuit to obtain a lawsuit that compels the negligent party to pay for your injury-related losses.
Disputed Liability
In some accidents, drivers or insurers may deny responsibility, claiming the pedestrian was partially or fully at fault. Filing a lawsuit allows the pedestrian to present evidence, prove negligence, and establish liability for the accident.
Severe Injuries
Pedestrians often suffer catastrophic injuries such as broken bones, amputations, or traumatic brain damage. Recovering from a severe injury requires extensive medical treatment and long-term rehabilitation.
A pedestrian accident attorney can use a lawsuit to secure adequate compensation for both current and future costs.
Uninsured Driver
You can initiate a lawsuit if the at-fault driver lacks insurance or sufficient coverage. A pedestrian accident attorney can use a lawsuit to access other sources of compensation, including uninsured motorist coverage, personal assets, or future income.
Bad Faith Insurer Practices
Insurers may engage in bad faith practices, such as delaying claims, underestimating the value of injuries, or denying legitimate claims altogether. A lawsuit allows the pedestrian to challenge these tactics and hold both the driver and insurer accountable for fair compensation.
Wrongful Death
If a pedestrian dies due to a car accident caused by another’s negligence, their family or estate can file a wrongful death claim. A pedestrian can use a wrongful death claim to seek compensation for funeral expenses, lost financial support, emotional suffering, and the loss of companionship.
Speak With Our Experienced Pedestrian Accident Attorney Today
Pedestrian accidents can leave victims and their families facing emotional suffering like anxiety, depression, and trauma from the incident. Despite your right to compensation, you must demonstrate your losses and the negligent actions of the at-fault party.
At Anderson O’Brien, LLP, our skilled personal injury attorneys guide you through this challenging process. We work to gather evidence, establish liability, face insurers, and advocate on your behalf for the compensation you deserve. Contact us online or at (715) 344-0890 for a free initial consultation.
Pedestrian Accident Causes - Frequently Asked Questions:
What is the Average Payout for Pedestrians Hit by Car?
Pedestrian accident payouts vary widely based on the severity of the injury, duration of recovery, evidence, liability circumstances, legal representation, and available insurance coverage. Minor injuries may result in smaller settlements, while catastrophic injuries or fatalities can yield higher compensation amounts.
How Long Does It Take to Settle a Pedestrian Accident?
Pedestrian accident settlements typically take several months to over a year, depending on the severity of the injury, the duration of treatment, any liability disputes, and the outcome of negotiations. Simple cases with apparent fault and minor injuries may settle within months.
On the contrary, complex cases involving catastrophic injuries, multiple parties, or litigation can take years to resolve.
Will My Case Settle Before Trial?
Most pedestrian accident cases settle before trial through negotiations with insurance companies. However, settlement depends on the insurer's willingness to offer fair compensation, clarity of liability, and the severity of the injury.
A pedestrian accident lawyer will advise you whether accepting a settlement or proceeding to trial best serves your interests.