Pedestrian Accident Lawyer

Personal Injury Lawyers / Pedestrian Accident Lawyer

If a car or other vehicle hits you while walking, talk to a pedestrian accident lawyer right away. You may face medical bills, lost wages, and a long road to recovery. And on top of that, you may wonder what your legal rights are. A qualified attorney can advocate for your rights and help you get the compensation you deserve for your injuries.

Munley Law has a team of experienced accident lawyers dedicated to helping our clients get the best possible results. We know the physical, emotional, and financial challenges you are facing. We are here to help you every step of the way. We offer a free consultation so that you can learn more about your legal rights and options. Contact Munley Law today to schedule a free case evaluation. There is no fee unless we win your case.

The Role of a Pedestrian Accident Attorney

Being in an accident is tough, and dealing with what comes next can be overwhelming. There’s the insurance company to talk to, recovering from injuries, taking time off work, and sorting out legal matters. If you’ve been in a car accident, you might wonder if it’s worth getting a lawyer. But because of all your challenges, having an experienced lawyer can make a big difference. They’ll ensure you’re treated fairly and help you get the compensation you deserve for what you’ve been through.

Here are a few ways a personal injury lawyer can help you with your case:

• Investigating the Pedestrian Accident: Conflicting reports can exist about who’s at fault in your accident. A thorough investigation will determine the cause of the crash and identify the responsible party. Our attorney will gather vital information necessary to establish liability. This includes interviewing witnesses, analyzing photographs and video footage, consulting with experts, reconstructing the accident scene, and reviewing the police report.
• Assessing the Total Loss: Pedestrian accidents come with significant costs. You have immediate bills to think about. There are also future costs, like long-term medical care. Our personal injury attorneys work with medical professionals and economic experts to calculate the maximum value of your damages, considering current and future expenses.
• Dealing with the Insurance Company: It might seem obvious who caused the accident. However, the insurance company may not give you a fair settlement. To get compensation, you will need help from an experienced car accident lawyer. They can negotiate with the insurance company and fight for a fair settlement.
• Representing You in Court: Our skilled trial lawyers are ready to take your case to court if we cannot reach a settlement.

We do not get paid unless we win your case.

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Compensation Available After a Pedestrian Accident

After any accident, our clients often ask what kind of compensation is available

Economic damages: Economic damages are the money you can get back for any financial losses from the accident. These include current and future medical expenses, lost wages, and loss of earning potential.

Non-economic damages: These types of damages are more subjective. They refer to losses that do not involve money. These include pain and suffering, loss of companionship, and emotional distress.

When you are injured in a pedestrian accident, you can rely on your health or car insurance to pay the bills. Like a bike accident, you can use your personal injury protection (PIP) insurance. This applies if you own a car and have insurance.

If you don’t have insurance or are not covered by someone else’s policy, the at-fault party will pay your expenses. If the driver flees the scene, you can use your uninsured/underinsured motorist coverage to pay for your expenses.

It’s important to know that each state has its own laws about pedestrian accidents. It’s best to talk to Munley Law today to find out what you can collect.

Common Causes of Pedestrian Accidents

When drivers don’t use proper caution, the results can be devastating, especially for pedestrians. Some common causes of pedestrian accidents include:

Distracted Driving: Distracted driving happens when drivers take their focus off the road. This often occurs when they text, talk on the phone, adjust the radio, or eat while driving. Distracted drivers may fail to notice pedestrians in crosswalks or intersections, increasing the risk of collisions.

Failure to Yield: Drivers must yield the right-of-way to pedestrians at crosswalks and intersections. However, some drivers do not yield or ignore traffic signals. This puts pedestrians at risk of being hit while crossing the street.

Speeding: Speeding reduces a driver’s ability to react to unexpected situations and increases the severity of accidents. Drivers who speed may find it hard to stop in time. This is especially true in busy areas or when it’s hard to see.

Impaired Driving: Drunk driving or driving under the influence of drugs can seriously impact a driver’s judgment. It also affects coordination and reaction time. Impaired drivers are more likely to fail to see pedestrians, swerve onto sidewalks, or disobey traffic signals.

Failure to Obey Traffic Laws: Drivers and pedestrians must follow traffic laws and signals. This helps keep everyone safe on the road. Breaking traffic laws can lead to accidents and injuries. This includes actions like running red lights, ignoring stop signs, and crossing outside of crosswalks. Pedestrians are especially at risk.

Road Design and Infrastructure: Poorly designed roads can cause accidents for pedestrians. This includes unclear signs, a lack of crosswalks or pedestrian signals, and inadequate lighting. Infrastructure deficiencies create hazardous conditions for pedestrians and increase the risk of vehicle collisions.

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Determining Fault in a Pedestrian Collision

Depending on the circumstances of the collision, multiple parties may bear legal and financial responsibility for a pedestrian accident.

In many of these accidents, driver negligence is the main culprit. After such a pedestrian accident, your pedestrian accident lawyer may file a lawsuit against the following parties:

• The driver: If the driver failed to follow the rules of the road, they could be held responsible for your accident.
• The vehicle manufacturer: If a defect in the car caused the accident, the manufacturer might be responsible. For example, this could happen if the brakes were faulty.
• The government: If the crosswalk or the lighting system is damaged, a government agency may be responsible.
• The pedestrian: In some cases, the pedestrian may be held responsible for the accident. An example would be a pedestrian darting between two parked cars without looking for ongoing traffic.

An experienced pedestrian accident lawyer must show that the other party did not meet their “duty of care.” This failure caused your injuries and led to a loss for the injured pedestrian.

For example, let’s say you are at an intersection. You are crossing the street as the light changes from green to yellow. You are almost across when a car turning right hits you. It is later determined that the driver was rushing to work and trying to beat the light. The driver admits to speeding but says you should be held at fault because you had time to get out of the way. How can you prove that the driver is at fault for the accident?

Fault In Pedestrian Accidents

Your pedestrian accident attorney can show that the driver is at fault by using the following elements:

• Each party had a duty of care for the other. Duty of care means you must not harm another person when you are in a situation that could cause harm. Drivers must not cause harm while driving. Pedestrians need to follow the law when they cross the street.
• The responsible party breached its duty of care. Using the example above, the driver was speeding during the accident. Since breaking the law, they breached their duty of care to the pedestrian. If the pedestrian followed the law, they did not breach their duty of care.
• The breach had caused an accident and injuries. Because the driver was speeding, they caused the accident and injured the pedestrian.
• The injury resulted in damages. Damages refer to any losses you experienced in the accident. This includes medical bills, ongoing care, lost wages, loss of earning capacity, pain and suffering, and more.

Could it be a Problem with the Crosswalk?

Vehicles must give the right-of-way to pedestrians when they cross the road at any crosswalk. This applies to both marked and unmarked crosswalks at intersections. But what if there is an issue with the crosswalk?

Sometimes, the driver may not be the only cause of a pedestrian accident. Crosswalk location and road design can also contribute to a pedestrian accident. Those who design and maintain public crosswalks must consider pedestrian safety. If they do not do this, and the crosswalk is unsafe, those in charge can be held responsible for a pedestrian accident.

Potential defendants in crosswalk location negligence may include, but are not limited to, engineering firms and governmental agencies. If you were hurt while crossing the street, a pedestrian accident lawyer at our firm can help you find out who is to blame.

Statistics on Pedestrian Accidents in the U.S.

Nationwide, pedestrian fatalities have fluctuated, with fewer accidents in 2024. Estimates suggest more than 7,000 people were killed in pedestrian accidents. Most accidents happen when a person crosses a specific place, like a crosswalk, while walking, jogging, or playing.

A pedestrian dies in a traffic accident in the U.S. every 72 minutes. This information comes from the National Highway Traffic Safety Administration.

What Injuries Do Pedestrians Suffer in Car Accidents?

Pedestrian accidents can be very serious. The human body cannot handle the damage from a crash with a car. The impact of being hit with thousands of pounds of metal can cause serious injuries, including:

• Deep cuts (lacerations) and bruises (contusions), including damage to major organs
• Head injuries, including concussions and more severe traumatic brain injuries (TBIs)
• Dental, jaw, or facial injuries, which may include eye injuries and loss of vision
• Spinal cord injuries, including paralysis or other loss of function
• Orthopedic injuries, including broken bones or damage to other parts of the musculoskeletal system
• Internal bleeding
• Vertebrae, neck, and shoulder injuries

What to Do After Being Hit by a Car

If you’ve been hit by a car as a pedestrian, it’s essential to take specific steps to protect your health and legal rights. Here’s what you should do immediately following the accident.

Seek Medical Attention and Contact Law Enforcement

Your health and safety should be your top priority. Even if you don’t feel seriously injured,  seek medical attention immediately. Some injuries, like internal bleeding or head trauma, may not show up right away. However, they can lead to serious problems if not treated.

Contact law enforcement to report the accident and request assistance. The police will document the incident, gather information from the parties involved, and create an official report. This report can be valuable evidence if you pursue a personal injury claim.

Collect Driver and Witness Information, Gather Evidence

If you can do so safely, gather information from the driver and any witnesses to the accident. Obtain the driver’s name, contact information, insurance details, and vehicle license plate number. Additionally, collect contact information from any witnesses who saw the accident occur.

Take photos or videos of the accident scene. Include any visible injuries, property damage, skid marks, traffic signals, and road conditions. This documentation can serve as evidence to support your compensation claim.

Do Not Admit Fault and Report To Your Insurance Company

Do not make any statements or admit fault at the accident scene. This is true even if you think you helped cause the crash. Admitting fault could impact your ability to recover compensation for your injuries.

If you have car insurance, report the accident to your insurance company immediately. Provide them with the necessary accident details, but avoid providing recorded statements or signing documents without consulting a pedestrian accident attorney first.

Seek Legal Representation and Follow Guidance

Seek legal representation from an experienced pedestrian accident attorney as soon as possible. A lawyer can protect your rights during the legal process. They will also fight for the compensation you deserve for your injuries and damages.

Follow all medical recommendations and attend follow-up appointments with healthcare providers. Following your treatment plan and going to rehab sessions can help you fully recover from your injuries.

Keep detailed records of all medical expenses, including hospital bills, prescription medications, rehabilitation costs, and other related expenses. Additionally, document any lost wages or income resulting from the accident.

Refrain from posting about the accident or your injuries on social media platforms. Insurance companies and defense attorneys may use social media posts against you to undermine your claim.

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Frequently Asked Questions

Do pedestrians always have the right of way?

If a person acts recklessly or carelessly, they could be liable for the pedestrian accident. For example, if a runner steps in front of a vehicle without looking both ways or using a crosswalk, they may be negligent.

What happens if you are found partially (or entirely) at fault for the accident?

Your ability to sue for injuries and damages can change based on where the accident happened. It also depends on the specific details of the accident. If the other party is found to be partly or fully at fault, this can affect your case.

In states with contributory negligence laws, a pedestrian can lose their right to recover damages. This happens if they are found to be even partly at fault for the accident. This means that if the pedestrian was careless and helped cause the accident, they might not get compensation.

For states that follow the comparative negligence doctrine, the pedestrian’s ability to recover damages is determined based on their fault. In states with pure comparative negligence, a pedestrian can still get damages. This is true even if they are mostly at fault. However, their share of fault will lower their award. In modified comparative negligence states, pedestrians can get compensation. However, they can only do this if they are less than 50% at fault. In some states, this limit is 51%. They may not recover damages if 50% (or 51%) or more at fault.

If you are partly at fault for the accident that caused your injuries, your rights will depend on your state. Each state has different rules about contributory negligence.

What if a hit and run driver hit me?

If a hit and run driver injured you, you may still be able to recover compensation. Your attorney can help you explore options such as filing a claim with your own insurance company. We can also assist in locating the at-fault driver even if they fled the scene.

How much time do I have to file a personal injury lawsuit?

The statute of limitations for pedestrian-involved accidents varies from state to state. For example, in some states, you must file a lawsuit two years from the accident date. Although two years may seem like a long time, the longer you wait to file a lawsuit, the harder it will be to reach a successful outcome.

Can a pedestrian be sued for causing an accident?

If a pedestrian is negligent and causes an accident, they can be held liable for the damages caused. However, proving a pedestrian caused an accident can be challenging, so you must contact a personal injury lawyer immediately.

Contact the Pedestrian Accident Attorneys at Munley Law Today

For 65 years, the pedestrian accident lawyers at Munley Law have represented pedestrian accident victims and their families. We understand your concerns and are ready to represent you and your family. Our award-winning team of pedestrian accident attorneys won’t rest until injury victims get the justice they deserve.

When you hire Munley Law, we will send investigators to the scene of your accident to examine the location and preserve evidence. We use top engineering and accident reconstruction experts to build a winning pedestrian accident case for you.

Take the first step in hiring a pedestrian accident attorney at Munley Law. If you or someone you love were hit by a car or other motor vehicle, contact us for a free consultation. We do not collect a fee unless we win your pedestrian accident case.