Pedestrian Accident Lawyer

If you’ve been struck by a car or other vehicle while walking, speak with a pedestrian accident lawyer as soon as possible. You may face medical bills, lost wages, and a long road to recovery. And on top of that, you may wonder what your legal rights are. A qualified attorney can advocate for your rights and help you get the compensation you deserve for your injuries.

Munley Law has a team of experienced pedestrian accident lawyers dedicated to helping our clients get the best possible results. We understand the physical, emotional, and financial challenges that you’re facing, and we’re here to help you every step of the way. We offer a free consultation so that you can learn more about your legal rights and options. Contact Munley Law today to schedule a free case evaluation. There is no fee unless we win your case.

The Role of a Pedestrian Accident Attorney

Being in an accident is tough, and dealing with what comes next can be overwhelming. There’s the insurance company to talk to, recovering from injuries, taking time off work, and sorting out other issues like legal matters. If you’ve been in a car accident, especially as a pedestrian, you might wonder if it’s worth getting a lawyer. But because of all your challenges, having an experienced lawyer who knows about pedestrian accidents can make a big difference. They’ll ensure you’re treated fairly and help you get the compensation you deserve for what you’ve been through.

Here are a few ways a pedestrian accident lawyer can help you with your case:

• Investigating the Pedestrian Accident: Conflicting reports can exist about who’s at fault in pedestrian accidents. A thorough investigation will determine the cause of the crash and identify the responsible party. Our pedestrian accident attorney will gather vital information necessary to establish liability. This includes interviewing witnesses, analyzing photographs and video footage, consulting with experts, reconstructing the accident scene, and reviewing the police report.
• Assessing the Total Loss: Pedestrian accidents come with significant costs. Not only do you have immediate bills to consider, but there are also future expenses like long-term medical care. Our personal injury attorneys work with medical professionals and economic experts to calculate the maximum value of your damages, considering current and future expenses.
• Dealing with the Insurance Company: Even if liability in your pedestrian accident seems clear, the insurance company may resist offering a fair settlement. To secure compensation, you’ll need the assistance of an experienced car accident lawyer to negotiate with the insurance company and advocate for a fair settlement.
• Representing You in Court: If a settlement cannot be reached, only experienced trial lawyers like the attorneys from Munley Law can fight for a pedestrian accident victory in court.

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Compensation Available After a Pedestrian Accident

After any type of accident, one of the questions we receive from our clients is what type of compensation is available. For pedestrian accident cases, you could receive the following:

Economic damages: Economic damages refer to any compensation you can recover for any financial losses you suffered from the pedestrian accident. These include current and future medical expenses, lost wages, and loss of earning potential.

Non-economic damages: These types of damages are more subjective. They refer to any non-monetary losses you may have, such as pain and suffering, loss of consortium, and emotional anguish.

When you are a pedestrian injured in an accident, you can first rely on your own health or car insurance to pay for the bills. Like a bike accident, if you own a car and have insurance, you can use your personal injury protection (PIP) insurance.

However, if you don’t have insurance or are not covered on someone else’s policy, the vehicle owner involved in the pedestrian accident will cover the claim. It’s important to note that limited tort restrictions do not apply to pedestrians.

If the driver flees the scene after hitting the pedestrian, then the pedestrian can use their uninsured/underinsured motorist coverage to pay for their expenses.

Common Causes of Pedestrian Accidents

When drivers don’t use proper caution, the results can be devastating, especially for pedestrians. Some common causes of pedestrian accidents include:

Distracted Driving: Distracted driving occurs when drivers divert their attention away from the road, often due to activities such as texting, talking on the phone, adjusting the radio, or eating while driving. Distracted drivers may fail to notice pedestrians in crosswalks or at intersections, increasing the risk of collisions.

Failure to Yield: Drivers are required to yield the right of way to pedestrians in crosswalks and at intersections. However, some drivers fail to yield or disregard traffic signals, putting pedestrians at risk of being struck while crossing the street.

Speeding: Speeding reduces a driver’s ability to react to unexpected situations and increases the severity of accidents. Drivers who exceed the speed limit may have difficulty stopping in time to avoid hitting pedestrians, especially in areas with heavy foot traffic or poor visibility.

Impaired Driving: Drunk driving or driving under the influence of drugs significantly impair a driver’s judgment, coordination, and reaction time. Impaired drivers are likelier to fail to see pedestrians, swerve onto sidewalks, or disobey traffic signals, leading to pedestrian accidents.

Failure to Obey Traffic Laws: Drivers and pedestrians are expected to follow traffic laws and signals to ensure safe interactions on the road. Violating traffic laws, such as running red lights, ignoring stop signs, or crossing outside designated crosswalks, can lead to pedestrian accidents and injuries.

Road Design and Infrastructure: Poorly designed roads, inadequate signage, lack of crosswalks or pedestrian signals, and insufficient lighting can contribute to pedestrian accidents. Infrastructure deficiencies create hazardous conditions for pedestrians and increase the risk of vehicle collisions.

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Determining Fault in a Pedestrian Collision

There are multiple parties who may bear legal and financial responsibility for a pedestrian accident depending on the circumstances of the collision.

In many of these accidents, driver negligence is the main culprit. After such a pedestrian accident, your pedestrian accident lawyer may file a lawsuit against the following parties:

• The driver: If the driver failed to follow the rules of the road, they could be held responsible for your accident.
• The vehicle manufacturer: If a defect in the car caused the accident, such as faulty brakes, the manufacturer may be liable for the accident.
• The government: If there is a problem with the crosswalk or the lighting system, the responsible party may be a government agency.
• The pedestrian: In some cases, the pedestrian may be held responsible for the accident. An example would be a pedestrian darting between two parked cars without looking for ongoing traffic.

In any type of personal injury claim, an experienced pedestrian accident lawyer must prove that the negligent party had breached their “duty of care,” which caused your injuries and created a loss to the injured pedestrian.

For example, let’s say you are at an intersection. You are crossing the street as the light changes from green to yellow. You are almost across when a car turning right hits you. It is later determined that the driver was in a rush to work and was trying to beat the light. The driver admits to speeding but says you should be held at fault because you had time to get out of the way. How can you prove that the driver is at fault for the accident?

Your pedestrian accident attorney can show the driver is at fault by using the following elements:

• The driver and the pedestrian had a duty of care for each other. Duty of care means you are responsible for not causing harm to another individual when partaking in a situation that could harm that person. Drivers have the responsibility not to harm when driving. Pedestrians are responsible for following the law when crossing the street.
• The responsible party breached their duty of care. Using the example above, the driver was speeding during the accident. Since they were breaking the law, they breached their duty of care to the pedestrian. If the pedestrian followed the law, they did not breach their duty of care.
• The breach had caused an accident and injuries. Because the driver was speeding, they caused the accident and injured the pedestrian.
• The injury resulted in damages. Damages refer to any losses you experienced in the accident. This includes medical bills, ongoing care, lost wages, loss of earning capacity, pain and suffering, and more.

Could it Be a Problem with the Crosswalk?

Vehicles must yield the right of way to pedestrians when crossing the roadway within any marked or unmarked crosswalk at an intersection. But what if there is an issue with the crosswalk?

Sometimes, the driver may not be the only cause of a pedestrian accident. Crosswalk location and road design can also contribute to a pedestrian accident. Those who design and maintain public crosswalks must consider pedestrian safety. If they fail to do so, and the crosswalk itself is unsafe, those responsible can also be held accountable for a pedestrian accident. Potential defendants in crosswalk location negligence may include but are not limited to engineering firms and governmental agencies. If you’ve been injured while crossing the street, let a pedestrian accident lawyer at our personal injury law firm help you determine who is at fault.

Statistics on Pedestrian Accidents in the U.S.

Pedestrian-related crashes represent 2.8% of all total reported traffic crashes in 2022. However, pedestrian accidents account for more than 15% of all traffic crash fatalities during the same period.

When looking at the past five years, pedestrian fatalities have fluctuated — from a high of 201 in 2018 to a low of 146 in 2020. Most pedestrian accidents occur when a person crosses a specified location, such as a crosswalk, followed by walking, jogging, or playing.

According to the National Highway Traffic Safety Administration, a pedestrian was killed every 85 minutes in traffic accidents in the U.S. in 2019. This equals approximately 6,205 pedestrians had died in traffic accidents in 2019.

What Injuries Do Pedestrians Suffer in Car Accidents?

Pedestrian accidents are often catastrophic because the human body simply cannot withstand the damage caused by a collision with a motor vehicle. The impact of being hit with thousands of pounds of metal can cause serious injuries, including:

• Deep cuts (lacerations) and bruises (contusions), including damage to major organs
• Head injuries, including concussions and more severe traumatic brain injuries (TBI)
• Dental, jaw or facial injuries, which may include eye injuries and loss of vision
• Spinal cord injuries, including paralysis or other loss of function
• Orthopedic injuries, including broken bones or damage to other parts of the musculoskeletal system
• Internal bleeding
• Vertebrae, neck and shoulder injuries

What to Do After Being Hit by a Car as a Pedestrian

Being involved in a pedestrian accident can be a traumatic and disorienting experience. If you’ve been hit by a car as a pedestrian, it’s essential to take certain steps to protect your health and legal rights. Here’s what you should do immediately following the accident.

Your health and safety should be your top priority. Even if you don’t feel seriously injured,  seek medical attention as soon as possible. Some injuries, such as internal bleeding or head trauma, may not be immediately apparent but can have serious consequences if left untreated.

Contact law enforcement to report the accident and request assistance. The police will document the incident, gather information from the parties involved, and create an official report. This report can be valuable evidence if you decide to pursue a personal injury claim.

If you’re able to do so safely, gather information from the driver and any witnesses to the accident. Obtain the driver’s name, contact information, insurance details, and vehicle license plate number. Additionally, collect contact information from any witnesses who saw the accident occur.

Take photos or videos of the accident scene, including any visible injuries, property damage, skid marks, traffic signals, and road conditions. This documentation can serve as evidence to support your claim for compensation.

Refrain from making any statements or admissions of fault at the scene of the accident, even if you believe you may have contributed to the collision. Admitting fault could impact your ability to recover compensation for your injuries.

If you have car insurance, report the accident to your insurance company as soon as possible. Provide them with the necessary details of the accident, but avoid providing recorded statements or signing any documents without consulting with a pedestrian accident attorney first.

Seek legal representation from an experienced pedestrian accident attorney as soon as possible. An attorney can protect your rights throughout the legal process, and advocate for the compensation you deserve for your injuries and damages.

Follow all medical recommendations and attend follow-up appointments with healthcare providers. Adhering to your treatment plan and attending rehabilitation sessions can help ensure you make a full recovery from your injuries.

Keep detailed records of all medical expenses, including hospital bills, prescription medications, rehabilitation costs, and other related expenses. Additionally, document any lost wages or income resulting from the accident.

Refrain from posting about the accident or your injuries on social media platforms. Insurance companies and defense attorneys may use social media posts against you to undermine your claim.

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Pedestrian Accident FAQs

Do pedestrians always have the right of way?

If a person acts recklessly or carelessly, they could be liable for the pedestrian accident. For example, if a runner runs out in front of a vehicle without looking both ways and not at a crosswalk, that runner may have committed pedestrian negligence.

What happens if the pedestrian is deemed partially (or entirely) at fault for the accident?

In cases where a pedestrian is deemed partially or entirely at fault for an accident, their ability to sue for injuries and damages can be affected, depending on the jurisdiction and the specific circumstances of the accident.

Contributory Negligence States:

In states that follow the contributory negligence doctrine, if a pedestrian is found to be even partially at fault for the accident, they may be barred from recovering damages from the other party. In these states, if the pedestrian’s negligence contributed to the accident in any way, they may not be entitled to compensation.

Comparative Negligence States:

In states that follow the comparative negligence doctrine (pure or modified), the pedestrian’s ability to recover damages is determined based on their fault. In pure comparative negligence states, the pedestrian can still recover damages even if they are mostly at fault, but their percentage of fault will reduce their award. In modified comparative negligence states, pedestrians can only recover damages if they are less than 50% (or 51%, depending on the state) at fault. They may not recover damages if they are 50% (or 51%) or more at fault.

Ultimately, if you were found partially at fault for the accident that caused your injuries, your rights will depend on the state you live in, as each state follows different rules on contributory negligence.

What if a hit-and-run driver hit me? Can a pedestrian accident lawyer still help me?

If you were injured by a hit-and-run driver, you may still be able to recover compensation. Your pedestrian accident attorney can help you explore options such as filing a claim with your own insurance company. We can also assist in locating the at-fault driver even if they fled the scene.

How much time do I have to file a pedestrian accident lawsuit?

A: The statute of limitations for pedestrian-involved accidents varies from state to state. For example, in some states, you have two years from the date of the pedestrian accident to file a pedestrian accident claim. Although two years may seem like a long time, the longer you wait to file a lawsuit, the harder it will be to reach a successful outcome.

Contact the Pedestrian Accident Attorneys at Munley Law Today

For 65 years, the pedestrian accident lawyers at Munley Law have represented pedestrian accident victims and their families. We understand your concerns and are ready to do whatever it takes to make sure you are properly compensated for your injuries or the loss of your loved one. Our award-winning team of pedestrian accident attorneys won’t rest until injury victims get the justice they deserve.

When you hire Munley Law, we will send investigators to the scene of your accident to examine the location and preserve evidence. We utilize top engineering experts and accident reconstruction specialists to build a winning pedestrian accident case for you.

Take the first step in hiring a pedestrian accident attorney at Munley Law. If you or someone you love were hit by a car or other motor vehicle, contact us for a free consultation. We do not collect a fee unless we win your pedestrian accident case.