Pedestrian Accident Guide: Your Rights as a Pedestrian

Pedestrian accidents are among the most devastating types of traffic collisions. When a vehicle weighing two tons or more strikes a human body, the results are often catastrophic. Pedestrians have no protection no seatbelt, no airbag, no crumple zone and the forces involved in even a low-speed collision can cause severe injuries. Every year, thousands of pedestrians are killed and tens of thousands more are seriously injured in traffic accidents across the United States. If you or a loved one has been struck by a vehicle while walking, running, or standing as a pedestrian, it is essential that you understand your legal rights and the steps you need to take to protect yourself and your claim. This comprehensive guide covers pedestrian accident statistics, the most common causes of pedestrian collisions, the types of injuries pedestrians typically sustain, how fault is determined in pedestrian accidents, the process of filing a claim, and the types of compensation available to pedestrian accident victims. Whether you were hit in a crosswalk, at an intersection, on the sidewalk, or on a highway, this guide will give you the knowledge you need to navigate the aftermath of a pedestrian accident with confidence.

Pedestrian Accident Statistics

The scope of pedestrian accidents in the United States is alarming. According to data from the National Highway Traffic Safety Administration, approximately 7,500 pedestrians are killed in traffic crashes each year, and more than 60,000 are injured. Pedestrian fatalities have been rising steadily over the past decade, driven in part by the increasing popularity of large SUVs and trucks, which are more likely to cause fatal injuries in a collision, as well as by distracted driving, which remains a pervasive problem on American roads. Pedestrians account for roughly 17 percent of all traffic fatalities, despite representing a much smaller share of total traffic exposure. Certain populations are at heightened risk. Older adults aged 65 and older have the highest pedestrian fatality rates, while children under 15 are at elevated risk for pedestrian injuries, particularly in school zones and residential neighborhoods. Alcohol impairment is a factor in nearly half of all pedestrian fatalities, either on the part of the driver or the pedestrian. Urban areas see a disproportionate share of pedestrian accidents, with most occurring at non-intersection locations where pedestrians are crossing mid-block. Nighttime is particularly dangerous, with more than 70 percent of pedestrian fatalities occurring after dark. These statistics underscore the importance of pedestrian safety awareness and the need for robust legal protections for pedestrians who are injured due to driver negligence.

Common Causes of Pedestrian Accidents

Pedestrian accidents can result from a wide variety of driver behaviors and environmental factors, but certain causes are far more common than others. Distracted driving is one of the leading causes of pedestrian accidents. Drivers who are texting, talking on the phone, using navigation apps, eating, adjusting the radio, or otherwise diverting their attention from the road often fail to see pedestrians until it is too late. A driver traveling at 30 miles per hour covers 44 feet per second, and taking your eyes off the road for just three seconds means traveling 132 feet essentially blind. Failure to yield the right-of-way is another frequent cause of pedestrian accidents. Drivers are required by law to yield to pedestrians in crosswalks, at intersections with walk signals, and in many other situations, yet drivers frequently ignore these legal obligations, either because they do not see the pedestrian or because they do not want to wait. Speeding is a major contributing factor in pedestrian accidents and is directly correlated with the severity of injuries. A pedestrian struck by a vehicle traveling at 20 miles per hour has a 95 percent chance of survival, while a pedestrian struck at 40 miles per hour has only a 15 percent chance of survival. Poor visibility conditions, including nighttime, inclement weather, and inadequate street lighting, make it harder for drivers to see pedestrians. Impaired driving, whether from alcohol, drugs, or prescription medication, significantly increases the risk of pedestrian collisions. Finally, poor infrastructure such as missing sidewalks, poorly marked crosswalks, and inadequate traffic signals can contribute to unsafe conditions for pedestrians.

Injuries Commonly Sustained by Pedestrians

The injuries sustained in pedestrian accidents are frequently severe, life-threatening, and permanently disabling. Because the pedestrian's body absorbs the full force of the impact, the range of potential injuries is broad. Traumatic brain injuries are among the most common and most devastating pedestrian injuries. When a pedestrian's head strikes the windshield, the hood, or the pavement, the brain can be slammed against the inside of the skull, causing bruising, bleeding, and shearing of nerve fibers. Even a brief loss of consciousness can indicate a significant brain injury with long-term cognitive, emotional, and behavioral consequences. Spinal cord injuries are another catastrophic outcome of pedestrian accidents. Damage to the spinal cord can result in partial or complete paralysis, depending on the location and severity of the injury, and may require lifelong medical care and assistive devices. Broken bones are extremely common in pedestrian accidents, with the legs, pelvis, arms, and ribs being the most frequently fractured. Many pedestrian accident victims require multiple surgeries to repair fractures, and complications such as infection, non-union, and hardware failure can prolong recovery and lead to permanent impairment. Internal injuries, including damage to the organs, internal bleeding, and collapsed lungs, are medical emergencies that require immediate surgical intervention. Road rash and severe lacerations can cause significant scarring and disfigurement, and crush injuries to the feet and legs can result in amputation. The psychological impact of being struck by a vehicle is also profound, with many survivors experiencing post-traumatic stress disorder, anxiety about crossing streets or being near traffic, depression, and a diminished quality of life.

Determining Fault in Pedestrian Accidents

Determining fault in a pedestrian accident is a critical step in establishing liability and pursuing compensation. In most cases, the driver of the vehicle is found to be at fault because drivers have a legal duty to exercise reasonable care to avoid striking pedestrians. This duty includes obeying traffic laws, maintaining a proper lookout, adjusting speed for conditions, and yielding the right-of-way to pedestrians in crosswalks and intersections. However, pedestrians also have a duty to exercise reasonable care for their own safety. A pedestrian who jaywalks, crosses against a traffic signal, steps out from between parked cars, or walks along a highway where pedestrians are prohibited may be found to have contributed to the accident through their own negligence. Many states follow the legal doctrine of comparative negligence, which allows a pedestrian who was partially at fault to still recover compensation, but with their award reduced by their percentage of fault. For example, if a pedestrian was found to be 25 percent at fault for crossing outside a crosswalk and the driver was 75 percent at fault for speeding, the pedestrian's compensation would be reduced by 25 percent. In a few states, contributory negligence rules bar any recovery if the pedestrian was even 1 percent at fault, making it critical to have an attorney who can present evidence in the most favorable light. Determining fault requires a thorough investigation of the accident scene, including reviewing police reports, analyzing photographs and video footage, interviewing witnesses, and often consulting with accident reconstruction experts who can analyze factors such as vehicle speed, braking distance, sight lines, and pedestrian visibility.

Filing a Pedestrian Accident Claim and Compensation

Filing a pedestrian accident claim involves many of the same steps as other personal injury claims, but there are important differences that pedestrian accident victims need to understand. The first step is to seek immediate medical attention and document all of your injuries and treatment. Next, you will need to gather evidence from the scene, including photographs, witness contact information, and a copy of the police report. You should then notify your own insurance company of the accident, as your uninsured and underinsured motorist coverage may apply if the driver who hit you has insufficient insurance or flees the scene. An experienced personal injury attorney will then investigate the accident, identify all potentially liable parties, and begin negotiations with the insurance company. The types of compensation available to pedestrian accident victims include medical expenses both past and future, lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, disfigurement and scarring, and in cases of catastrophic injury, the cost of long-term care, home modifications, and assistive devices. In cases where a pedestrian is killed, the victim's family may pursue a wrongful death claim for funeral expenses, loss of financial support, and loss of companionship. The statute of limitations for filing a pedestrian accident claim varies by state, typically ranging from one to four years from the date of the accident. It is essential to consult with an attorney as soon as possible to ensure that your claim is filed within the applicable deadline and that evidence is preserved before it is lost or destroyed.

Frequently Asked Questions