Introduction
When a car strikes a pedestrian, the injuries can be serious and the question of fault isn’t always obvious. This guide explains who may be liable, what compensation may include, and what to do first.
Key Takeaways
A car strikes pedestrian crash can raise questions about fault, insurance, and the cost of recovery. I would treat the details of the collision and the rules where it happened as central to any claim.
- A driver may be liable when careless conduct causes a pedestrian’s injuries, but the facts and local law matter.
- Injuries may not be obvious right away, so prompt medical assessment and follow-up can be important.
- Compensation may include medical expenses, lost income, and other losses, depending on the evidence and applicable law.
- Preserve useful records, report the collision, and be cautious about giving statements or accepting a settlement before understanding your options.
- Insurance coverage and claim deadlines vary; a lawyer can help assess the specific circumstances.
Who Is Legally Liable When a Car Hits a Pedestrian?
In a pedestrian vs. car accident case, determining who is at fault typically hinges on what each party did and whether those actions contributed to the injuries.
A driver can be held liable if, for instance, they were not paying attention, drove too fast for the conditions, or failed to yield when necessary.
I would not presume that the driver is at fault, or that a pedestrian’s conduct automatically precludes a claim, without taking the time to review the evidence.
I would not presume that the driver is at fault, or that a pedestrian’s conduct automatically precludes a claim, without taking the time to review the evidence.
Investigators and insurers will review the scene of the accident, traffic lights, visibility, vehicle speed, witness statements and, if available, video footage.
Different rules apply in different states, such as rules regarding shared fault; the same facts may have different legal implications in different states.
The pedestrian’s behavior may be included in the analysis, but is not the only answer. The circumstances surrounding the crash, such as the driver’s actions, road conditions, and evidence, can significantly influence the determination of liability.
I would hold on to any photos, witnesses’ contact information and official report information until the facts are determined.
Common Injuries in Pedestrian-Car Accidents
In a collision with a vehicle, a pedestrian has very little physical protection and may suffer anything from fractures to injuries that are not immediately apparent.
Understanding common pedestrian accident injuries can help readers recognize the range of harm that may result from a collision and why appropriate medical evaluation is important.
The nature and extent of the injury will vary depending on the circumstances and symptoms may vary over time. I would listen to the medical advice and not the first few minutes of feeling.
Broken Bones and Orthopedic Injuries
Collisions can result in fractures, joint injuries or injury to muscles and other soft tissue. Depending on the injury, treatment can include imaging, immobilization, surgery, rehabilitation or a combination of care.
These can make walking, working and normal activities difficult, and medical records and follow-up instructions may be helpful when documenting recovery.
Traumatic Brain Injuries and Head Trauma
A concussion or other type of brain injury can result from a blow to the head or sudden jolt. Symptoms can range from headache, confusion, dizziness, nausea, or difficulty concentrating, but may not occur immediately.
Head injuries can be serious, so I would suggest that if someone has symptoms they should seek medical assessment as soon as possible and follow the advice of the clinician.
Spinal Cord and Nerve Damage
Damage to the spine or nerves can result in pain, weakness, numbness, or altered movement or sensation. Symptoms are variable and can occur over a period of time.
Continuous assessment can also help to clarify the injury and the care required, and records of appointments and restrictions can also demonstrate the impact of the injury on daily living.
Internal Injuries That Are Not Immediately Visible
Internal bleeding and injuries to organs may not be apparent from the outside. A person faints, bruises easily or has any other worrisome changes following a collision, they should seek medical attention.
I would NOT use the absence of visible wounds as an excuse to ignore symptoms particularly after a hard impact.
What Compensation Can a Pedestrian Victim Claim?
Under the circumstances, the insurance coverage at hand and the applicable law, an injured pedestrian may be able to recover damages for their losses and other consequences of the injury.
These may range from medical treatment, loss of income during recovery, to pain or impairment of function. None of these is automatic.
The following examples may help you determine common types of claimed loss. The recovery of a specific item and the method of evaluation are dependent upon the circumstances and local law.
I would save copies of bills, employment records, and treatment information as they came in, not attempt to put it together later.
A claim can also include issues of whether a loss was a result of the collision or if there is sufficient documentation to support the claim. It is important to keep a careful record to help explain the effects of the injury without guaranteeing a specific outcome.
Steps to Take Immediately After Being Hit by a Car
The initial focus is on safety and medical requirements. If there is an emergency, call local emergency services; do not risk your life to collect evidence.
If it is safe, I would make a note of what occurred and obtain contact details from anyone who saw the accident.
There are a few things you can do that will help to preserve information while you concentrate on care. If safe and appropriate, I would consider the following:
- Seek medical help and adhere to clinician’s advice.
- Notify the police and request a police report. See how to read a police report for what each section means.
- If available, take a picture of the scene, vehicle, any visible injuries, and road conditions.
- Keep records of medical, travel and work-related activities related to the injury.
If it is safe, I would make a note of what occurred and obtain contact details from anyone who saw the accident.
The following steps are not a replacement for medical or legal advice, and not all actions will be possible at the scene.
If you can’t get information, a member of the family or someone else you trust can help later. Continue taking notes on symptoms and appointments as recovery progresses, as the effects of an injury might become more apparent over time.
How Insurance Works in a Pedestrian Accident
After a pedestrian accident, more than one insurance policy may be relevant, depending on the location, policy language, and circumstances.
Understanding how personal injury insurance works can help explain how coverage and claim requirements may affect an injury claim.
Notice requirements and filing deadlines may also apply, so it is important to confirm them promptly.
I would read the policy documents and, if there is coverage, request a written explanation from the insurer based on the policy.
The Driver’s Liability Insurance
If the driver is believed to be responsible for the accident, their liability insurance could provide coverage for the damages.
The insurance company will likely investigate the facts and request records, statements or other information.
An insurer’s opinion is not a final legal ruling and the determination of responsibility and damages may impact the claim process.
Your Own PIP or Uninsured Motorist Coverage
Even if the injured person was walking, personal injury protection (PIP) or uninsured motorist coverage may apply, depending on the state, the policy terms, and the circumstances of the collision.
Reviewing the details of uninsured motorist coverage may help readers understand one potential source of coverage. However, eligibility and benefits depend on the applicable policy and law.
Coverage, eligibility and filing procedures vary and some policies may not apply to a specific pedestrian incident. I would read the policy documents and request a written explanation from the insurer based on the policy if there is coverage.
Why Pedestrian Accident Claims Are Often Disputed
A claim may be disputed due to the fact that individuals may have different recollections of events, evidence may be incomplete, or there may be a disagreement regarding the cause of the injury.
A driver and pedestrian can have conflicting recollections of the signal, crossing location or visibility. Photos, witness statements, physical evidence, and official records can be helpful, but one thing doesn’t necessarily solve all problems.
There can also be a disagreement over whether the pedestrian or driver was at fault. Comparative or contributory fault rules differ from state to state, and it is dangerous to assume that a specific percentage of fault will impact the same way in every state.
I would stick to the facts, keep relevant documents, and not guess when I don’t know the answer.
It’s often necessary to carefully examine the facts and the law before anyone can determine how fault might impact recovery.
Because the effect of shared fault varies by jurisdiction, readers may also find it helpful to understand the applicable comparative negligence rules before drawing conclusions about whether a claim can proceed or how compensation may be affected.
Lastly, an insurance company might challenge the severity of the injury, the relationship between treatment and the accident, or the amount of the claimed losses.
Lack of care or missing records can raise questions, but not prove anything or prove a claim worthless. I would stick to the facts, keep relevant documents and not guess when I don’t know the answer.
How a Pedestrian Accident Lawyer Can Help
A lawyer can examine the circumstances of the collision, discuss how local laws might impact a claim, and determine what information may be useful in assessing the claim. Still deciding? See do I need a personal injury lawyer.
Medical records, insurance documents, witness information and available scene evidence may be included in that review. The lawyer may also discuss options for future action without promising a specific result.
If liability or the amount of a claim is disputed, legal assistance may help with organizing records, evaluating available evidence, and responding to questions from an insurance company.
Before choosing representation, readers can learn more about how much a personal injury lawyer costs and ask the lawyer to explain the fee agreement, potential expenses, and terms of representation.
If you need help understanding your options after a pedestrian accident, LawyerHelpNow can help you find a personal injury lawyer. You can explore available legal assistance and ask about the lawyer’s experience, fees, and terms of representation before deciding how to proceed.
Frequently Asked Questions
What should I do first after a car hits me as a pedestrian?
Move to a safe place if you can, seek medical attention, and contact emergency services when needed. When it is safe, report the collision and preserve relevant details such as witness contacts, photographs, and records.
Can I seek compensation if I was partly at fault?
Possibly. The effect of a pedestrian’s share of fault depends on the law in the state where the collision occurred and on the facts. A local lawyer can explain how those rules may apply.
What if I do not feel injured right away?
Some symptoms may appear later, and some injuries are not obvious at the scene. Seek medical advice if you develop symptoms or have concerns, and follow the clinician’s recommendations.
Which losses might be included in a pedestrian injury claim?
Depending on the circumstances and applicable law, a claim may include medical expenses, lost income, future care needs, and other effects of the injury. Documentation and proof of the connection to the collision are important.
What if the driver left the scene?
Report the collision to law enforcement and seek medical care. Available insurance options may depend on your own policy and state law, so consider getting advice about the specific circumstances.
How long do I have to file a claim?
Deadlines vary by state and may depend on the type of claim or the parties involved. I would check the applicable deadline promptly with a lawyer rather than assuming there is plenty of time.
Should I accept an insurance settlement right away?
Before accepting, make sure you understand what the settlement covers and whether it would resolve future claims. Consider reviewing the offer, available records, and any legal questions with a qualified professional.
