Pedestrian Accident Attorney: How to Protect Your Rights After a Crash

A pedestrian accident attorney helps people who were hit by a car recover the compensation they need for medical bills, lost income, and the pain of dealing with serious injuries caused by someone else’s negligence.

Pedestrian accidents are among the most devastating motor vehicle crashes because the injured pedestrian has no protection at all.

If you or someone you love was struck by a vehicle, you have legal rights.

A pedestrian accident attorney will give you a realistic timeline based on the specific facts of your situation. The sooner you get legal representation, the better positioned you are to recover compensation efficiently.

What causes pedestrian accidents?

Drivers must remain vigilant for pedestrians and are required by law to yield at every crosswalk. When they fail, people get hurt. The most common causes include:

• Distracted driving: Adjusting the radio, texting, or using a phone while driving diverts attention from the road.
• Impaired driving: Intoxicated driving erodes judgment and slows reaction times, turning routine maneuvers into life-threatening risks.
• Speeding: A pedestrian struck by a vehicle traveling at 40 mph has far less chance of survival than one hit at 20 mph. Speed is the critical variable in fatal pedestrian collisions.
• Failure to yield: Many pedestrian accidents happen at crosswalks when drivers fail to stop for pedestrians who have the right of way.
• Hit and run: Some drivers flee the scene after striking a pedestrian. Hit-and-run accidents create additional legal complexity. But pedestrian accident victims still have options to recover compensation.
• Bus accidents: Large buses have significant blind spots. And pedestrians near bus stops are particularly vulnerable.
• Poor visibility conditions: Nighttime driving, bad weather, and poorly lit roads increase the risk of drivers failing to see pedestrians in time to stop.

Who is liable in a pedestrian accident?

In most pedestrian accident cases, the at-fault driver is the primary liable party. But liability can extend beyond the driver.

Depending on how and where the accident occurred, additional parties may share liability:

• The driver's employer, if the road accident occurred while the driver was working
• A government entity, if a poorly designed crosswalk or malfunctioning traffic signal contributed to the crash
• A vehicle manufacturer, if a defective part of the car caused the driver to lose control
• A bar or restaurant, under Dram Shop laws, might be held liable for damages if it serves alcohol to a visibly intoxicated patron who subsequently causes a pedestrian accident

Establishing liability requires a thorough investigation. Dedicated pedestrian accident lawyers work with accident reconstruction specialists to piece together exactly what happened. They review the police report, collect traffic camera footage, interview witnesses, and analyze the accident scene to build a case that holds the right parties accountable.

In hit-and-run cases, your own auto insurance may provide coverage through uninsured motorist protection. A personal injury attorney can navigate the insurance claim process and determine which policies apply to your situation.

What to do after a pedestrian accident

1) Seek medical attention immediately.

Your health comes first. Call 911 or have someone take you to the emergency room even if your injuries seem minor.

2) Contact local law enforcement.

Make sure the police report accurately documents what happened, and get the report number before you leave the scene, as this is an official record of the accident.

3) Document the accident scene.

If you are physically able, photograph the scene, the vehicle that hit you, the driver, and any visible injuries. Take note of traffic signals, crosswalk markings, and anything else relevant to where the accident occurred.

4) Get the driver's information.

Collect the driver's name, license plate, insurance information, and contact details. Note the make and model of the vehicle.

5) Gather witness information, such as their names and contact details.

Witnesses can be critical in establishing driver negligence.

6) Do not give a statement to the insurance company.

Adjusters will always find a way to reduce or deny your pedestrian accident claim.

7) Contact a pedestrian accident lawyer.

The sooner a lawyer gets involved, the better positioned you are to preserve evidence and protect your legal rights.

Personal injury law is complicated. Insurance companies know the rules better than most people do. An experienced pedestrian accident attorney knows the rules just as well and knows how to use them to protect your health and legal rights.

Let Sweet Lawyers handle your pedestrian accident lawsuit while you focus on recovering. You pay nothing unless they win your case.