Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.

Pedestrian accidents happen frequently, and sometimes drivers wrongly blame the pedestrian. It's important to be aware of your rights as a pedestrian, and in case of being hit by a vehicle, make sure you don't let anyone exploit you.

As a personal injury lawyer with over a decade of experience in fighting for the rights of pedestrians, let me share some information in this article that will help you protect your legal interests.

Quick Summary

As an injured pedestrian, you may be eligible for compensation.

When pedestrians get hit by a vehicle, they typically make insurance claims against the driver who hit them. They may also file claims against the government responsible for planning or maintaining the road where the accident happened.

Collecting information and evidence at the scene can assist with your claim if your injuries are not serious. This includes exchanging contact and insurance information with the driver who hit you.

What Are Your Legal Rights If You Were Hit By A Car?

If you were hit by a car, your legal rights depend on the circumstances of the accident. Generally, you can seek compensation for your medical bills, lost wages, pain and suffering, and other damages related to the incident. However, there are several steps you can take to protect your legal rights and make sure you get the compensation that you deserve.

Determining Fault

Although pedestrians usually have the right-of-way, it is important to note that they can sometimes be at fault for accidents involving cars. Even though pedestrians have the right-of-way in marked crosswalks or other areas designated by the vehicle code, drivers must yield to pedestrians.

Third-Party Claim

Whether or not you receive compensation depends on whether or not you were injured.

You will not receive compensation if you were hit by a vehicle while walking but were not injured.

In case you were injured due to the driver's fault, you can file a third-party insurance claim against the driver's insurance company.

This is the initial step towards receiving compensation for your medical bills and lost income.

Making a Claim Against Drivers and Car Owners

Generally, the driver is responsible when a car hits a pedestrian, even if the pedestrian isn't in a crosswalk.

Most states' negligence and traffic laws mandate that drivers must pay attention to their surroundings and take reasonable actions to prevent hitting anyone or anything on the road.

This means that drivers are legally obligated to perceive and avoid any potential hazards on the road [1].

Typically, the car insurance of the driver who caused the pedestrian-car accident will cover any losses resulting from the incident if the driver was clearly at fault, such as when a pedestrian was hit in a crosswalk by a speeding vehicle, the driver's car insurance company will likely be eager to settle the claim out of court when the liability and damages are easily provable.

Making a Claim Against the Local City or State Government

Certain vehicle-pedestrian accidents could result from the street or highway design by the town, city, or state or ineffective traffic control devices like stop signs or traffic lights. Here are a few instances to consider.

One example is when the traffic lights are not functioning correctly.

Suppose the pedestrian starts crossing the street without realizing that the oncoming traffic also has a green light due to the malfunction.

In that case, there may be potential to file a claim for negligence against the responsible municipality for maintaining the traffic lights [2].

Compensation You May Claim

You can file a compensation claim if you have suffered losses and injuries due to the pedestrian accident.

These losses may be covered in pedestrian accident settlements and may include the following:

Pedestrian's medical bills like doctor visits, hospital bills, and prescription medications
Travel to and from your doctor appointments
Loss of quality of life
Physical therapy

If the accident results in death, a wrongful death claim can provide compensation for the losses suffered by the surviving family members.

To ensure you receive the full amount you're entitled to, a pedestrian accident lawyer will assist you in calculating the compensation and creating a strong legal plan.

Legal Options For A Pedestrian Hit By A Car

If you are involved in a pedestrian accident where a car hits you while crossing the street, you can file a lawsuit against the responsible party.

To take advantage of this right, you must act quickly.

In some states, such as Georgia, pedestrian accident victims have two years to file a personal injury lawsuit due to the statute of limitations [3].

You might be trying to figure out what to do if he hits you and runs away without being identified.

However, don't worry, as you may still have options. Even if you were walking during a car accident, your car or health insurance provider could help cover the expenses.

What If You Were Partially At Fault?

If you were partially at fault, and trying to collect no-fault benefits, whoever caused the car accident doesn't matter.

However, if you decide to sue the driver who caused your injuries, you may still be able to recover money even if you were partly responsible for the accident.

Comparative negligence law allows you to receive a portion of your damages proportional to the percentage of fault assigned to the other driver if your negligence was less than theirs.

"Anything you say on the scene or to the motorist's insurance company will be used against you, if possible, should legal proceedings commence post-accident. You should only discuss your version of the accident with your attorney, medical personnel, and the insurance company."
- David Farnbauch, Trial Lawyer at Sweeney Law Firms.

FAQs

What Happens If You Hit A Pedestrian And They Walk Away?

If you hit a pedestrian and they walk away, it is still important to stop and report the pedestrian car accident to the police. Even if the pedestrian appears uninjured, they may have sustained internal injuries that are not immediately apparent. Failing to file a police report on the accident could result in criminal charges and penalties.

Am I At Fault If I Was Jaywalking?

Yes, you may be at fault if you were jaywalking. Jaywalking refers to crossing a street outside a designated crosswalk or crossing area. If you are hit by a car while jaywalking, you may be found partially or fully at fault for the accident.

What Injuries Can I Suffer After I Am Hit in a Pedestrian Accident?

Injuries you can suffer after being hit in a pedestrian accident can range from minor cuts and bruises to more severe injuries such as broken bones, head trauma, and spinal cord injuries.

Hire An Attorney & Protect Your Rights

If you were in an accident involving a car and sustained injuries, you may have the right to receive compensation for medical bills, lost wages, and pain and suffering. To ensure that you understand your options and rights, you must speak with an experienced personal injury lawyer.

Schmidt & Clark, LLP has a team of skilled attorneys with extensive experience handling pedestrian accident cases. We can help you understand your rights and pursue the compensation you deserve.

References:

https://www.ontario.ca/document/official-mto-drivers-handbook/safe-and-responsible-driving
https://highways.dot.gov/about/about-fhwa#:~:text=The%20Federal%20Highway%20Administration%20
https://legal-dictionary.thefreedictionary.com/statute+of+limitations

Hit By A Car While Walking? (4 Types of Compensation You May Have)