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pedestrian accident claim

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 TypeSettlement 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.