Pedestrian Accidents: What to Do If You Are Struck by a Car

Pedestrian accidents can have devastating consequences. With the prevalence of motor vehicles and the increasing pace of urban life, pedestrians are often vulnerable to collisions, leading to severe injuries or even fatalities. 

Drivers owe a duty to care to everyone on and around the road—and pedestrians often have the right of way. If someone caused an accident where you were injured, you have legal rights and options for taking action.

Pedestrian injuries can lead to major medical bills, lost wages for missed work, and pain and suffering. You shouldn’t have to bear the expense of someone else’s mistake.

Pedestrian Accidents: What to Know

According to the National Highway Traffic Safety Administration (NHTSA), over 6,000 pedestrians lose their lives annually in traffic accidents, and tens of thousands suffer injuries. These accidents occur in various scenarios, such as crosswalks, intersections, parking lots, and along roadsides.

Common Causes of Pedestrian Accidents

Some of the most common factors contributing to pedestrian accidents include:

• Driver Negligence: Speeding, distracted driving, and failure to yield are leading causes.
• Pedestrian Error: Jaywalking, walking while distracted, or ignoring traffic signals can also play a role.
• Environmental Factors: Poor visibility, inadequate signage, and poorly designed intersections can increase risks.
• Driving Under the Influence: Both pedestrians and drivers impaired by alcohol or drugs face heightened accident risks.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection for pedestrians. Common injuries include:

• Head Injuries
  • Concussions
  • Traumatic brain injuries (TBIs)

• Spinal Injuries
  • Herniated discs
  • Spinal cord damage leading to paralysis

• Fractures and Broken Bones
  • Arms, legs, ribs, and pelvis fractures are common.

• Soft Tissue Injuries
  • Torn ligaments
  • Muscle sprains

• Internal Injuries
  • Damage to organs
  • Internal bleeding

• Psychological Trauma
  • Anxiety, depression, and post-traumatic stress disorder (PTSD) are often overlooked but have significant impacts.

Immediate Steps to Take if You Are Struck by a Car

Being involved in a pedestrian accident is a traumatic experience. If you’re involved in a pedestrian accident, take the following steps:

Prioritize Your Safety and Health

Move to a safe location, if possible, to avoid further harm from oncoming traffic. Do not attempt to move if you suspect a serious injury, as this could exacerbate your condition. Call 911 or ask someone to do so immediately.

Following any accident, you should always seek immediate medical attention. Even if your injuries seem minor, get a medical evaluation. Some injuries, like internal bleeding or concussions, may not be immediately apparent. These injuries can worsen over time if left untreated. Be sure to follow up with medical professionals for a thorough diagnosis and documentation of your injuries.

The care you receive will also establish an official medical record that serves as important evidence for insurance claims or even lawsuits.

Report the Accident

File a police report to create an official record of the incident. This is important for insurance claims and potential legal action. Provide an accurate account of the accident, but avoid admitting fault or making speculative statements.

Collect Info and Evidence

Gather the driver’s name, contact details, license plate number, and insurance information, and also get contact information from witnesses, as their statements can support your case.

If you are able, take photos of the accident scene, your injuries, and any damage to personal property.

Moving forward, continue to preserve any evidence that can help your claim. Keep medical records, bills, and receipts related to your treatment, and retain copies of police reports and any correspondence with insurance companies.

Contact Morgan & Morgan

Your last step should be to reach out to an experienced personal injury lawyer at Morgan & Morgan to guide you through the legal process and protect your rights. Working with a professional can make all the difference in your claim.

Determining Liability in Pedestrian Accidents

The Role of Negligence

Liability in pedestrian accidents often hinges on negligence—a failure to act with reasonable care. Determining who was negligent can be complex and requires a careful analysis of the facts.

Scenarios of Driver Negligence

• Failing to yield at crosswalks
• Running red lights or stop signs
• Driving distracted or under the influence

Scenarios of Pedestrian Negligence

• Crossing against traffic signals
• Walking along highways or restricted areas

Shared Liability

In some cases, both the pedestrian and the driver may share responsibility. Many states follow comparative negligence laws, which can reduce compensation based on the pedestrian’s degree of fault.

Seeking Compensation

If you are injured in a pedestrian accident, you may be entitled to compensation for:

Medical Expenses

Medical expenses, such as emergency room visits, surgeries, rehabilitation, and projected future expenses can all be factored into your compensation total.

Lost Wages

Compensation isn’t limited to the hospitals, however. An accident can cause other expenses by keeping you from being able to work while recovering. Some victims may even experience a total loss of earning capacity for long-term injuries.

Pain and Suffering

Some damages aren’t just shown on a receipt or bill. Physical pain and emotional distress are also issues eligible for compensation.

Property Damage

Compensation can also be awarded for the repair or replacement of damaged personal belongings, such as phones or eyeglasses.

Punitive Damages

Punitive damages are extra damages awarded by a court to punish a defendant for particularly harmful behavior. In cases of egregious negligence, courts may award punitive damages to deter similar behavior. 

Morgan & Morgan Can Help

Pedestrian accidents are life-altering events, but by taking immediate action to protect your health, preserving evidence, and consulting a qualified attorney at Morgan & Morgan, you can improve your chances of receiving the compensation you deserve.

At Morgan & Morgan, we’re committed to fighting for the rights of accident victims. As the country’s largest personal injury law firm with over 35 years of experience and over $23 billion recovered in lawsuits and settlements, we have the size, experience, and winning reputation to take on a case of any size.

Our attorneys can thoroughly investigate the circumstances of the accident, gather evidence, and identify all liable parties. Insurance companies often attempt to minimize payouts. An attorney can negotiate on your behalf to ensure you receive a fair settlement. If a fair settlement cannot be reached, your attorney can take your case to court and advocate for you before a judge and jury.

If you or a loved one has been injured in a pedestrian accident, don’t hesitate to reach out for a free case evaluation. Our dedicated team of personal injury lawyers is here to support you every step of the way, ensuring that you receive the justice and compensation you’re entitled to.