Pedestrian Accident Claims — Your Rights After Being Hit by a Car
Complete guide to pedestrian accident claims. Learn your legal rights after being hit by a car and how to get maximum compensation.
Pedestrian Accident Claims: Getting Fair Compensation
Pedestrian accidents are among the most serious traffic incidents. Without any vehicle protection, pedestrians suffer catastrophic injuries. In 2023, over 7,500 pedestrians were killed in US traffic accidents.
Pedestrian Rights and Driver Duties
Drivers must: - Yield to pedestrians in crosswalks - Avoid hitting pedestrians anywhere on the road - Exercise due care to avoid hitting pedestrians - Sound horn when necessary to warn pedestrians
Pedestrians have the right of way in: - Marked crosswalks - Unmarked crosswalks at intersections - School zones - Residential areas with children present
Common Causes of Pedestrian Accidents
- Driver distracted by phone
- Failure to yield in crosswalk
- Speeding (dramatically increases severity)
- Running red lights
- Drunk or impaired driving
- Backing out of driveways
- Turning without checking for pedestrians
Injuries Common in Pedestrian Accidents
These are typically severe: - Traumatic brain injury - Spinal cord injury - Multiple fractures - Internal injuries - Severe road rash and lacerations - Psychological trauma
Comparative Fault: When Pedestrians Share Blame
In some cases, pedestrians may bear partial responsibility: - Crossing against a red light - Jaywalking in high-speed zones - Darting into traffic - Walking while intoxicated - Wearing dark clothing at night
In comparative negligence states, your compensation is reduced by your percentage of fault.
Compensation for Pedestrian Accidents
Pedestrian accident settlements are typically high due to serious injuries:
| Injury Type | Settlement Range |
|---|---|
| Minor injuries | $15,000 – $50,000 |
| Fractures | $50,000 – $200,000 |
| Serious/permanent | $200,000 – $1,000,000+ |
| Catastrophic/death | $1,000,000 – $5,000,000+ |
Evidence Critical in Pedestrian Cases
- Security camera footage (request immediately — often deleted within 30 days)
- Traffic camera footage
- Witness statements
- Police report noting pedestrian's location at impact
- Dashcam footage from the vehicle or others
- Cell phone records of the driver (proves distraction)
- Toxicology reports of the driver
Final Verdict
Pedestrian accident claims involve serious injuries and usually clear driver liability. However, gathering time-sensitive evidence immediately is critical. Contact a personal injury attorney same-day if possible — camera footage disappears quickly.
For informational purposes only. Not legal advice. Consult a licensed attorney.