Who Is Liable When a Pedestrian Is Hit
In most pedestrian-vehicle collisions, the driver bears primary fault. Pedestrians typically have the right of way at crosswalks, intersections, and when crossing with traffic signals. Even where pedestrians cross outside crosswalks (jaywalking), drivers have a duty to exercise reasonable care and avoid striking pedestrians who are visible in the roadway.
Additional liable parties may include: the driver's employer if the driver was working at the time; vehicle owners (if different from the driver) under vicarious liability; municipalities if defective road design, missing crosswalks, or inadequate traffic signals contributed to the accident; and vehicle manufacturers if a defect (brake failure, acceleration malfunction) caused the driver to lose control.
Damages Available in Pedestrian Cases
Pedestrian injuries are often severe -- the human body has no protection against vehicle impact. Damages include: all past and future medical expenses; lost wages and earning capacity; pain and suffering; emotional distress; disfigurement; permanent disability; and wrongful death damages for fatal pedestrian accidents.
Pedestrian accident cases frequently result in the largest personal injury recoveries because of the severity and permanence of typical injuries. Traumatic brain injuries, spinal cord injuries, amputations, and multiple orthopedic injuries requiring surgeries and long-term rehabilitation are common in severe pedestrian cases.
Insurance Coverage for Pedestrian Accidents
The driver's auto liability insurance is the primary coverage for pedestrian accident claims. If the driver is uninsured or underinsured, your own auto insurance policy's uninsured/underinsured motorist (UM/UIM) coverage may apply -- even though you were on foot. Homeowners or renters insurance personal liability coverage may also apply if the driver was using the property where the accident occurred.
Some states have no-fault auto insurance requirements that affect how medical expenses are paid initially. Personal injury protection (PIP) coverage under your own auto policy may cover your medical expenses regardless of fault. Related: Pedestrian Accident Lawsuit.
Steps After Being Hit by a Car
Call 911 immediately -- both to ensure police reporting and emergency medical response. Do not decline medical attention at the scene; your injuries may be more severe than you realize. Collect driver information, witness contacts, and photos of the scene. Preserve your clothing and footwear as evidence. Contact a personal injury attorney before speaking to any insurance company.
How to Get Legal Help
If you believe you qualify based on the eligibility criteria described above, the next step is a free consultation with an experienced attorney. Most plaintiff-side attorneys handling these cases work on contingency -- meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation including receipts, correspondence, or evidence of the harm you experienced.
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Pedestrian Hit by Car Lawsuit: Your Rights & Maximum Compensation: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What happens if a car hits a pedestrian?
The driver is typically liable for the pedestrian's injuries. The pedestrian should call 911, seek medical care, and consult a personal injury attorney.
Who pays for a pedestrian's medical bills?
The driver's auto liability insurance is primary. Your own health insurance, PIP coverage, or UM/UIM coverage may also apply depending on your state and policy.
Can a pedestrian be at fault in an accident?
Yes, in some situations (running into traffic, crossing against a light). Comparative fault rules reduce recovery by the pedestrian's percentage of fault.
How much is a pedestrian accident case worth?
Depends on injury severity. Severe cases (TBI, spinal injury, amputation) can result in million-dollar recoveries. Mild injury cases have lower values.
How long do I have to sue after being hit by a car?
Statutes of limitations for personal injury vary by state, typically 2-3 years from the date of the accident. Act promptly to preserve evidence.