Pedestrian Accident Causes, Injuries & Legal Options

Pedestrian accidents can occur for many different reasons, including failure on the part of the driver or the pedestrian to exercise reasonable caution. Some common causes of pedestrian accidents include:

• Drivers or pedestrians failing to yield the right of way
• Speeding drivers
• Intoxicated drivers or pedestrians
• Fatigued drivers
• Distracted driving or distracted walking
• Jaywalking
• Pedestrians failing to look both ways before crossing
• Pedestrians stepping out into traffic
• Pedestrians wearing dark clothing
• Pedestrians working or playing in a roadway
• Impaired visibility
• Weather conditions
• Poor road design
• Vehicle defects

It is important to identify the cause of a pedestrian accident so those who are responsible for the incident are held responsible and provide compensation for victims.

Two groups are at higher risk for dying as a pedestrian in an accident. Adults over age 65 make up 20% of all pedestrian accident deaths. And children under age five account for 20.4% of pedestrian accident deaths.

Common injuries suffered in pedestrian accidents include:

• Cuts, bruises and scrapes
• Internal organ damage
• Bone fractures
• Traumatic brain injury
• Spinal cord injury
• Amputation/loss of limb
• Dental injuries
• Eye injuries such as loss of vision
• Death

Because pedestrians do not have a vehicle or safety equipment to protect them from the impact of a motor vehicle, injuries in pedestrian accidents are often extremely severe.

Either a pedestrian or a driver (or both) could be at fault in a pedestrian accident. If there is a problem with the vehicle, the car manufacturer could be to blame. Or if poor road design or maintenance led to the accident, the government agency or other entity involved in maintaining the roads could be held accountable.

In some cases, multiple parties are at fault. When this happens, the state’s rules on contributory or comparative negligence determine whether injured victims can recover compensation.

• In contributory negligence states, if a victim is partly responsible for causing an accident, they are not allowed to pursue a claim for compensation. This is true even if they are only 1% to blame.
• In comparative negligence states, victims can recover partial compensation even if they share blame for the incident. Some states are pure comparative fault states and allow victims to pursue a claim even if they are almost entirely to blame. In modified comparative fault states, victims can pursue a case only if they are less than 50% or less than 51% responsible for the accident

Most states follow comparative negligence rules. In those states, a pedestrian could still make a case against a careless driver who harmed them, even if the pedestrian partly caused the crash. For example, if a pedestrian was 25% to blame and suffered $100,000 in damages, the pedestrian could recover $75,000 in compensation.

If you wish to pursue a claim for compensation in a pedestrian accident case, you need to prove there are legal grounds for holding the defendant accountable. In most cases, this means you must show:

• The defendant had a duty to you. For example, drivers have a duty to obey the rules of the road and be reasonably cautious to avoid hitting walkers
• The defendant breached the duty. You must show a reasonable driver would have been more careful than the defendant
  The pedestrian accident occurred as a direct result of the breached duty.
  You were harmed due to the accident and should be compensated

Police reports, witness statements, security camera footage and other evidence can all be used to help you prove fault. An experienced pedestrian accident lawyer can help you gather the evidence you need to make your claim.

When you are injured in a pedestrian accident, you have a number of options for getting compensation for your injuries.

Your Health Insurer Will Cover Medical Bills

If you have health insurance, you can submit your claims for medical care to your insurer. Your insurer will pay medical bills for covered treatment minus deductibles and coinsurance costs. You cannot recover other losses from them, such as lost wages. And you may owe a considerable amount out-of-pocket depending on your insurance.

If your insurer pays your bills and you later make a claim for compensation from an at-fault driver, your health insurer may try to recover the funds they paid out from any settlement you receive.

Your Auto Insurer May Provide Compensation

If you have Medical Payments Coverage or Personal Injury Protection, your auto insurer will pay for your injuries in pedestrian accidents–up to policy limits.

Personal Injury Protection (PIP) is typically required in states that follow no-fault rules. Under these rules, you may be required to go through your own insurer for more minor accidents. With PIP, your insurer covers partial lost wages in addition to medical costs. However, the limits may not be very high for these types of policies.

An At-Fault Driver May Provide Compensation

If a driver was fully or partly at fault for hurting you, you can make a claim with their insurer. The other driver’s liability insurer will pay your damages if they accept fault. You can pursue this type of claim for any pedestrian accident in fault states or when you suffer serious injuries in no-fault states.

You can recover compensation through an out-of-court settlement if the other driver’s insurer makes a settlement offer you are happy with. Or you could sue and the court would award you damages if you prove your case.

An At-Fault Driver’s Employer Could Compensate You

If a driver was on the job at the time they caused an accident, their employer could be responsible for covering your losses. For example, if a delivery driver was negligent and caused a pedestrian accident while delivering a package, you can make a claim against their employer.

Employers are vicariously liable for the on-duty acts of their staff. This legal doctrine means you don’t have to show the employer was negligent–only that the employee was careless while performing work tasks, because an employer is automatically liable if that’s the case.

The Government Could Compensate You

If defects in the roads are the cause of a pedestrian accident, you could make a claim against the government agency responsible for designing or maintaining the roads. The legal doctrine of sovereign immunity makes claims against the government more challenging, so you’ll need an experienced lawyer in these types of cases.

If you make a claim against another driver or entity and prove they were responsible for causing your pedestrian accident, you will be compensated for:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress

Wrongful death damages are also available to the estate of a deceased pedestrian or to surviving loved ones of a pedestrian killed in a motor vehicle accident.

There is a statute of limitations in every state that applies to injury claims. This sets the timeline by which you must pursue a claim for compensation or your case will be time barred. The time limit varies by state, but is typically between two and four years.