Being struck by a vehicle is one of those terrifying experiences you never want to go through. But here’s the cold hard truth… 7,148 pedestrians were struck and killed in the U.S. in 2024. That’s almost 20 people on foot dying every single day. The reality is most pedestrians who are hit by a vehicle have no idea what their legal rights are. They find themselves struggling with medical bills, lost wages, and insurance companies that are working as hard as they can to pay you as little as possible.
But here’s the good news…
If you or a loved one has been struck by a car or truck, you have powerful legal rights that can help you fight back. You can pursue financial recovery from the responsible party and seek the compensation you deserve for your injuries.
The Key Points:
- Legal Rights as a Pedestrian Hit by a Vehicle
- Important Steps to Take
- Dealing With Insurance Companies
- Potential Compensation
- When to Hire an Attorney
Pedestrian Safety Crisis: Injuries and Fatalities are Rising
Here’s something shocking…
Pedestrian traffic fatalities have risen 48% since 2014. In 10 years, pedestrian deaths have nearly doubled. This isn’t just statistics – this is a crisis that is happening to real people every day.
Pedestrians are dying at an alarming rate. Pedestrian fatalities are up in every region of the country and no state has reported a decline.
The majority of these accidents occur when pedestrians believe they’re safe. Crossing at intersections. Walking in residential areas. Walking in crosswalks.
The truth is drivers are distracted as never before. Smartphones. Navigation systems. Pedestrians are paying the price.
Legal Rights After Being Hit by a Vehicle
Here’s something most people don’t realize…
As a pedestrian, you have powerful legal rights on the roads and highways. Pedestrians are considered vulnerable road users in most states, which means drivers have a heightened duty of care when pedestrians are present.
When you’re hit by a car or truck, you have the right to file a personal injury claim. This gives you the ability to pursue compensation for your medical bills, lost wages, pain and suffering, and more.
Working with a skilled pedestrian accident lawyer NYC can help ensure you get a fair settlement and don’t end up with overwhelming medical bills and no way to pay.
The key is to act fast and protect your rights and your claim from the start.
Important Steps After a Pedestrian Accident
One of the most common mistakes injured pedestrians make is what they do after an accident. This can often make or break a case.
Here are the steps you need to take immediately after an accident:
- Seek medical attention – even if you think you’re OK. Injuries can appear days after the accident.
- Call the police – always file a police report. This creates an official record and gives you the driver’s insurance information.
- Document everything – take photos, get contact information from witnesses, and document the scene.
- Don’t provide statements – insurance adjusters will try to get you to make a recorded statement. Don’t do this without speaking to a lawyer first.
Here’s the reality…
The insurance company is NOT on your side. They work for the driver and they will work just as hard to pay you as little as possible.
Dealing With Insurance Companies After an Accident
Insurance companies are very skilled at getting pedestrians to accept low-ball settlements. They’ll contact you quickly. They’ll act concerned. They’ll send you a check.
The first settlement offer is almost always substantially lower than what your case is worth. They’re counting on you being overwhelmed and desperate to just settle.
The smart play is to document your injuries and expenses and not accept anything until you know the full extent of your losses. This can include medical bills, future treatment, lost wages, pain and suffering, and more.
Insurance adjusters are also going to try to blame you for the accident. Don’t engage with them.
Types of Compensation Recoverable
Most pedestrians have no idea how much their pedestrian accident case is actually worth.
You can recover much more than just medical bills after being hit by a vehicle. These are the types of compensation available:
- Medical expenses
- Lost wages
- Lost earning capacity (future)
- Pain and suffering
- Property damage
- Permanent disability (additional compensation)
In extreme cases, you can also recover punitive damages if the driver’s behavior was especially reckless.
Dangerous Driver Behavior
Here’s something troubling…
Approximately 20% of pedestrian fatalities involve hit-and-run drivers that flee the scene and don’t provide help to the injured victim. It’s cowardly and criminal.
Hit and run cases can often be worth significantly more. Punitive damages can come into play in these situations.
Drunk driving accidents. Texting and driving. Hit and run cases. Your case can be worth more if you can show the driver was egregiously negligent.
Another troubling fact… The majority of fatal accidents happen after dark. To be precise, 77% of fatal crashes take place at night.
Comparative Fault: Pedestrian Negligence
Here’s a common question…
What if you weren’t crossing at a crosswalk? Or what if you were jaywalking? Does that mean you can’t recover anything?
Absolutely not.
Most states follow a rule of comparative negligence. This means that even if you were partially at fault, you can still recover compensation. Your total recovery will just be reduced by your percentage of fault.
For example, if you were found 20% at fault and your damages were $100,000, you would still recover $80,000.
Don’t let the insurance company bully you into thinking that if you made a mistake, you don’t deserve any compensation.
Statute of Limitations for Pedestrian Accidents
This is one of the most important things to know…
Every state has a deadline to file a personal injury case. If you miss it, you lose your right to seek compensation and you lose it forever.
In most states, the deadline is between one and three years from the date of the accident. Some states have much shorter deadlines, especially if you were hit by a government vehicle.
Don’t wait. The longer you wait, the more difficult it will be to build a strong case.
When to Hire a Lawyer
Every case is different. If you have mild injuries and the insurance company is being reasonable, you may be able to handle the claim yourself.
But here are some situations where you need an attorney:
- Severe injuries
- Permanent disability
- Disputed liability
- Hit and run
- Low settlement offers
A good pedestrian accident attorney works on contingency. This means they only get paid if you win. No costs up front.
This means access to quality legal representation is available for all.
Pedestrian Accident Takeaways
Getting hit by a car or truck can be a life-altering experience in an instant. The physical injuries. The medical bills. The missed work. The trauma.
You don’t have to go through this alone. Knowing your legal rights empowers you. It lets you fight back against the insurance companies who are going to work just as hard to minimize your claim as possible.
Remember these key takeaways… Protect your rights and your claim from the start. Document everything. Don’t settle for the first offer. See a doctor even if you think you’re fine.
Pedestrian accidents are on the rise at an alarming rate. But your rights as a pedestrian remain strong. Know them. Use them.
