Pedestrian accidents represent some of the most devastating incidents on our roads, often resulting in severe injuries and fatalities due to the vulnerability of individuals on foot. Many of the most common causes of pedestrian accidents lie with drivers—speeding, operating while drunk or on drugs, driving while visually impaired, and disobeying traffic signals all present the risk of a pedestrian crash.
Other causes of pedestrian accidents include defective brakes (and other defective vehicle components), poorly-lit roadways, unmarked intersections, and other hazards outside drivers’ control. If you or a loved one suffered an injury in a pedestrian accident, hire a lawyer to pursue fair compensation as you recover from your injuries and trauma.
The Common Theme Between Pedestrian Accident Causes: Negligence
Negligence is the underlying thread connecting most pedestrian accident causes, whether it's drivers failing to yield at crosswalks, texting while driving, or the local municipality failing to provide safe driving conditions. Your attorney will need to detail the specifics of your accident, though, and their investigation may find that the crash happened due to:
Driver-Related Factors
Driver negligence or error causes the majority of pedestrian accidents. Some common types of driver negligence are distracted driving, aggressive driving, and impaired driving. Motorists who fail to maintain a roadworthy vehicle can also be liable when vehicle defects contribute to a crash.
Environmental Factors
Sometimes, pedestrian accidents result from poor road conditions or inadequate infrastructure. These cases often involve complex issues, especially when local governments bear responsibility for hazardous conditions such as:
- Missing or damaged crosswalks
- Inadequate traffic signals
- Poor road design
- Poor lighting near crosswalks and along sidewalks
Seeking compensation from a municipality presents unique challenges, including a shorter filing deadline in most cases. A skilled pedestrian accident attorney will know how to deal with these challenges and proceed with your case.
Vehicle Defects
When brakes fail, headlights fail to show a pedestrian in the way, or other vehicle defects lead to a crash with a pedestrian, a lawyer must determine the source of the defect. A manufacturer and vehicle owner are among the two parties, and a lawyer will investigate for liability.
Who Can Pursue Compensation for Pedestrian Accidents?
Several parties may have grounds to pursue legal action following a pedestrian accident:
The Pedestrian Injured in the Crash
Individuals who survive a pedestrian accident often deal with injuries, medical bills, lost earnings, and pain and suffering. They should receive fair compensation if someone else is responsible for these and other damages.
Family Members in Wrongful Death Cases
When a pedestrian accident results in death (as thousands do every year), certain family members may pursue wrongful death claims. These cases are among the most emotionally charged, as they involve not only legal proceedings but also the profound grief of losing a loved one.
Loved ones eligible to pursue a wrongful death case may include:
- Spouses can claim loss of companionship, financial support, and household services
- Children (biological or adopted) may seek compensation for loss of parental guidance and financial support
- Parents: In cases involving minor children, can pursue damages for loss of companionship
A pedestrian accident attorney understands the heartache survivors endure, and they stand strong to help them get justice for their loss.
Secondary Injury Victims
Sometimes pedestrian accidents cause secondary injuries to others. The chain reaction effects of a pedestrian accident can extend beyond the initial victim, affecting passengers, other pedestrians, and even witnesses who suffer psychological trauma from observing the incident.
Stages in a Pedestrian Accident Case (Your Lawyer Will Guide You Through Each Step)
Accident victims typically want to know what comes next, how to improve their case’s odds of success, and how a lawyer will help. Your attorney will guide you through every step of the process ahead, which is likely to include:
An Initial (Free) Consultation
The first meeting between a pedestrian accident victim and potential legal counsel sets the tone for the entire case. During this critical phase, attorneys must carefully evaluate the case's legal merits while demonstrating genuine concern for the client's well-being.
Most reputable personal injury firms offer free initial consultations, recognizing that accident victims are already facing significant financial pressure.
A Case Assessment
Your prospective attorney will need to evaluate your case, which may require:
- Reviewing accident circumstances to understand how the incident occurred
- Evaluating potential liability to determine who may be responsible
- Assessing damages, calculating the amount of money you are entitled to
The initial consultation also allows clients to evaluate their potential attorney. This meeting should feel collaborative rather than transactional, with the lawyer taking time to answer questions and explain the legal process in understandable terms.
Your Pedestrian Accident Lawyer Investigates the Collision
The investigation phase lays the foundation for successful pedestrian accident cases. Act quickly—surveillance footage often gets overwritten, witnesses grow harder to locate with time, and physical evidence at the scene may shift or disappear.
Your Lawyer Documents Your Injuries and Medical Needs
An excellent attorney learns about their client’s injuries with unquenchable curiosity, perhaps by:
- Working with treating physicians who will examine and document the victim’s injuries
- Calculating medical expenses, including any future care the injured pedestrian will need
- Documenting the whole-life impact of injuries and trauma, including how the injuries affect work, relationships, and daily activities
Your lawyer will develop an in-depth record of your economic and non-economic damages.
Negotiation and Settlement Discussions Occur
Most pedestrian accident cases resolve themselves through negotiation, avoiding the need for a trial. However, successful negotiation requires thorough preparation and a willingness to proceed to trial if necessary.
Effective negotiation in pedestrian accident cases requires understanding both the legal strengths of the case and the practical considerations that influence settlement decisions. Insurance adjusters have authority limits and company guidelines that influence their settlement offers, and experienced attorneys know how to work within these constraints while maximizing their clients' recoveries.
Post-Accident Litigation Takes Place, If Necessary
When settlement negotiations fail to produce fair offers, experienced pedestrian accident attorneys must be prepared to take cases to trial. Trial preparation is an intensive process that requires significant resources and experience, but it is sometimes the only way to secure just compensation for seriously injured clients.
Going to trial demands careful consideration, as it often requires more time, resources, and emotional investment from the client. If trial becomes a viable option in your case, your attorney will ensure you understand the ramifications of going to court.
How Lawyers and Law Firms Provide Psychological and Emotional Support
Injured pedestrians and wrongful death victims hire lawyers for their legal services—obviously. What is less obvious, though, is the priceless emotional and psychological support clients receive when they hire a law firm after being involved in a pedestrian accident.
Your lawyer and their support staff aim to improve your life, from a personal standpoint, by:
Viewing You Not Just as a Number, But as a Person Who Is Hurting
Pedestrian accidents often result in severe trauma, and physical injuries are just one symptom. The psychological impact of being struck by a vehicle can be profound and long-lasting, affecting every aspect of a victim's life.
Pedestrian accidents often leave victims feeling shocked, disoriented, and emotionally overwhelmed in the immediate aftermath. Victims may struggle to process what happened to them, particularly if they were following all traffic rules and crossing legally when struck. Lawyers understand, and they will take the time to learn of the anxiety, pain, uncertainty, and other emotional and psychological difficulties you’re facing.
Providing Comprehensive Client Support
Attorneys and their staff often serve as guides, counselors, and advocates who help clients navigate the legal system and the complex web of medical, insurance, and rehabilitation challenges that follow a serious accident.
As your case moves forward, you should be reassured by your lawyer’s:
- Regular communication
- Realistic expectations
- Frequent updates
- Ever-ready answers to the client’s questions
- Resource connections
There are no half-measures in supporting a client, and you’ll have your law firm’s full backing throughout your case.
Creating a Supportive Environment
Attorneys can advise injured pedestrians, but it’s ultimately the pedestrian’s case. This is why a lawyer:
- Understands that each client's situation is unique and requires personalized attention
- Understands that a client’s emotional and psychological state can influence their legal decisions
- Provides the patient with explanations of complex legal concepts
- Is always available to address concerns and questions throughout the process
Read reviews of the law firms you are thinking about hiring. Complete multiple consultations to get a feel for each firm’s client service level. This way, you can be confident that your lawyer will fight for and support you like nobody else.
Types of Damages in Pedestrian Accident Cases
Pedestrian accident victims may be entitled to various damages that compensate for quantifiable financial losses and intangible harms affecting their quality of life.
Some common categories of damages with corresponding examples are:
- Emergency and acute care: Immediate trauma treatment, ambulance transport, emergency room visits, and initial hospitalization following the accident
- Surgical procedures: Both emergency surgeries to address life-threatening injuries and reconstructive operations to repair fractures, soft tissue damage, and other trauma
- Rehabilitation services: Comprehensive physical therapy to restore mobility, occupational therapy to relearn daily activities, and specialized treatments for brain injuries or other complex conditions
- Lost income and reduced earning capacity: Current income lost during recovery and potential future earnings affected by permanent disabilities or limitations in work capacity
- Pain and suffering: Physical discomfort from injuries, emotional trauma from the accident experience, and ongoing psychological effects such as anxiety or depression
- Lost quality of life: Inability to participate in hobbies, sports, social activities, or other pursuits that previously brought meaning and satisfaction to the victim's life
- Disfigurement and scarring: Permanent visible injuries that affect the victim's appearance and may impact their self-esteem and social interactions
- Impact on relationships: Strain on marriages and family dynamics caused by the victim's changed physical or emotional condition and increased caregiving needs
Because your attorney will receive their fee as a percentage of your payout, they will have an immediate financial incentive to account for all your damages. Trust that all the harm you’ve suffered, both economic and non-economic, will make it into your lawyer’s settlement demands.
How to Make the Most of Your Consultations (and Choose the Right Pedestrian Accident Lawyer)
As you complete consultations with prospective firms, you can whittle down candidates and pick the most standout firm by weighing each firm’s:
Experience with similar cases:
- Track record specifically with pedestrian accident cases
- Understanding of the unique challenges these cases present
- Familiarity with common defense strategies and how to counter them
- Knowledge of applicable local and state laws
Resources and capabilities:
- Ability to fund expert witnesses and an investigation
- Adequate personnel to handle complex cases properly
- Modern tools for case management and evidence presentation
- Resources necessary for effective litigation
Reputation for serving clients well:
- Regular updates and responsive communication
- Avoiding the "case mill" approach, where clients become numbers
- Understanding the emotional and psychological impact of accidents
- Honest assessment of case strengths and potential outcomes
Questions to Ask When Evaluating Pedestrian Accident Lawyers
When interviewing potential legal representation, consider asking these critical questions:
About experience and qualifications:
- How many pedestrian accident cases have you handled?
- What were the outcomes of cases similar to mine?
- Are you prepared to take my case to trial if necessary?
- What is your experience with the insurance companies involved?
About case management:
- How will you keep me informed about the progress of my case?
- Who will be working on my case besides you?
- What expenses should I expect during the legal process?
- How long do you expect my case to take?
About fees and costs:
- Do you work on a contingency fee basis?
- What percentage do you charge if we win?
- Will I owe anything if we don't recover compensation?
- How are case expenses handled during the process?
Look for the firm that is eager to answer your questions, provides answers you are satisfied with, and appears sincere in providing those answers.
One Step That Can’t Wait: Hiring Your Pedestrian Accident Lawyer
Remember that each pedestrian accident case is unique, with its circumstances, challenges, and opportunities. What isn’t unique about pedestrian accident cases is that each has a filing deadline that you must take every possible measure to take action within.
If you or a loved one suffers a pedestrian accident, hire a lawyer immediately. Contact qualified legal counsel to discuss your case and learn about your options for pursuing compensation and justice. The road to recovery may be long, but with the proper support and advocacy, you can focus on healing while experienced professionals fight for your rights.