One moment you’re crossing the street, the next, your world is upended by a collision with a vehicle. Pedestrian accidents throw your life a curveball, but with the help of a pedestrian accident lawyer, you generally have the right to seek compensation for your injuries and losses.
When a vehicle hits you while on foot, consulting a pedestrian accident lawyer and learning to protect and exercise your rights is the first step toward recovery.
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Pedestrian Accidents and Your Rights
Every driver on the road is responsible for paying attention to their surroundings, including people crossing the street. If drivers get distracted, speed, or break traffic laws, they may not meet this duty.
When their failure to act carefully leads to you being hit by a car while walking, they are often considered negligent. This negligence is a key part of asserting your pedestrian accident rights.
Walking in a Crosswalk
Crosswalks exist to give pedestrians a safer place to cross. Drivers are generally required to yield to pedestrians in crosswalks. If you’re struck by a vehicle in a crosswalk, the driver is often presumed to be at fault.
Outside a Crosswalk
Sometimes pedestrians cross outside marked crosswalks, which makes the situation more complex. However, it doesn’t automatically mean you lose your path to compensation. Drivers still have a general duty to avoid hitting pedestrians if possible.
Factors like driver speed, visibility, and attention play a role. A lawyer can investigate the specifics of your accident to understand your rights when struck by a vehicle outside of the marked crosswalk.
Key Factors Affecting Your Pedestrian Accident Claim
Several elements influence your claim after a driver hits you while crossing the street. These factors help determine responsibility and the compensation you might receive. An attorney investigates these factors to clarify your rights and build a strong case.
The Role of Negligence in Your Pedestrian Injury Case
Negligence means someone failed to act with reasonable care, and that failure caused harm. In pedestrian accidents, driver negligence is common. Examples include texting while driving, speeding, impaired driving, or ignoring traffic signals.
If a driver’s negligence caused them to hit you while you were walking, they’re usually liable for your injuries. Proving this negligence is a fundamental part of exercising your pedestrian accident rights.
Comparative Negligence in Pedestrian Accidents
Sometimes, both the driver and the pedestrian share some responsibility for the accident. This concept is called comparative negligence, and each state has its own rules.
In some states, like Washington, you may still recover damages even if you are partially at fault, but your percentage of fault reduces your compensation.
Other states use a modified comparative fault system that limits the amount of your fault you can have and still receive compensation. For example, you cannot recover damages in Florida if you’re more than 50% at fault.
Hit-and-Run Accidents: Protecting Your Rights If the Driver Flees
If the driver who hit you leaves the scene, it complicates matters, but you still have options. Your own auto insurance policy might offer coverage. Depending on your state and specific insurance policy, uninsured Motorist (UM) coverage or Personal Injury Protection (PIP) may provide for your injuries.
A lawyer can help you untangle the insurance mess left behind by a hit-and-run driver. They’ll examine your case and help you file a claim under the correct policy.
What To Do After a Driver Hits You While You’re Crossing the Street
If you have already sought medical attention, taking specific steps can protect your legal rights if you’re hit while crossing the street.
These actions help if you decide to pursue a claim for your injuries:
- Report the Accident: A police report is an official record of the incident. Obtain a copy as soon as it’s available. It contains details about the accident and sometimes an initial assessment of fault.
- Gather Information: If you can, get the driver’s name, contact information, insurance details, and license plate number. Collect names and contact information from any witnesses.
- Document Everything: Use your phone to take pictures of the accident scene. Photograph any visible injuries you have and any damage to the vehicle involved. Note the weather conditions, time of day, and any traffic signals or signs.
- Keep Records: Save all documents related to the accident and your injuries, including medical bills, receipts for related expenses, and any correspondence with insurance companies. These records document your losses.
- Avoid Speaking With Insurers: The other driver’s insurance adjuster may contact you. Their goal is often to settle the claim for as little as possible. Consult a personal injury attorney before giving a recorded statement or accepting any settlement offer.
Compensation You Might Receive If You’re Hit While Crossing the Street
If a driver’s negligence caused your pedestrian accident, you can seek compensation for various losses (damages). The amount and types of compensation depend on the specifics of your case.
Common factors include the severity of your injuries and the impact on your life.
Medical Expenses
Being hit by a car often results in significant medical bills. Compensation helps cover the costs of emergency room visits, hospital stays, surgeries, and doctor appointments.
Future medical care is also a consideration if you’re hit by a car while walking. This may involve physical therapy, medication for chronic pain, or additional surgeries.
Lost Income and Earning Capacity
Your injuries might prevent you from working, leading to lost wages. Compensation for lost income covers the earnings you missed during your recovery, helping ease financial stress while you heal.
If your injuries are severe, they might affect your ability to earn money in the future. This is called loss of earning capacity, and your claim may include compensation for this long-term financial impact.
Pain, Suffering, and Other Non-Economic Damages
A pedestrian accident causes more than just financial harm. You’ll likely experience physical pain and emotional distress. The legal system acknowledges these non-economic damages to compensate for the intangible yet very real effects on your well-being.
Unlike medical bills or lost wages, there are no receipts or invoices to document the extent of emotional anguish or loss of enjoyment of life. To substantiate pain and suffering claims, lawyers commonly use expert testimony, personal journals, and accounts of daily life disruption.
Compensation for pain and suffering attempts to recognize the human impact of your injuries and covers loss of enjoyment of life, emotional anguish, and disfigurement.
How a Lawyer Protects Your Rights as a Pedestrian
Navigating the legal portions of a pedestrian accident is challenging by yourself, but an experienced personal injury lawyer guides you through the legal process. Lawyers understand the complexities of personal injury law and handle the legal burdens, allowing you to focus on your recovery.
Investigating Your Pedestrian Accident
A lawyer conducts a detailed investigation into how the accident happened by gathering all available evidence to support the claim. This includes the police report, witness statements, photos, and any available video footage, such as CCTV or dashcam recordings.
They may also work with accident reconstruction professionals to establish the driver’s fault. A thorough investigation strengthens your position when seeking justice for your pedestrian accident rights.
Dealing With Insurance Companies
Insurance companies are businesses that aim to minimize payouts. Their adjusters may try to get you to accept a low settlement or make statements that hurt your claim.
Your lawyer will handle all communications with insurance companies. They know the tactics adjusters use and protect you from unfair practices. They negotiate forcefully on your behalf to achieve a fair settlement.
Calculating Your Personal Injury Claim
Determining the full extent of your damages is a complex task. A lawyer assesses all your losses, including current and future medical expenses, lost income, lost earning capacity, and non-economic damages like pain and suffering.
They make sure no aspect of your harm is overlooked. Accurately calculating your damages is vital to ensuring you receive the compensation you deserve for your injuries when a car hits you as a pedestrian.
Representing You in Negotiations or Court
Most personal injury cases resolve during the settlement negotiations. Lawyers are skilled negotiators who present your case effectively to the insurance company. Your lawyer can take your case to court if the insurance company refuses a reasonable settlement.
Handling Complex Legal Procedures and Deadlines
Personal injury law involves many rules, procedures, and deadlines. One of the most significant is the statute of limitations. This is the time limit for filing a lawsuit after being hit by a car while walking, and missing it means you lose your right to sue for damages.
A lawyer manages all these legal complexities, filing paperwork correctly and on time.
FAQ for What Are My Rights If I’m Hit While Crossing the Street?
What Should I Do To Protect My Rights if I’m Hit While Crossing the Street?
After ensuring your medical needs are met, report the accident to the police to create an official record. If possible, get the driver’s name, insurance details, and contact information, as well as contact information for any witnesses.
Document the scene with photos of your injuries, the vehicle, and the surrounding area, and write down everything you remember about the incident. Then, contact a personal injury lawyer.
Does It Matter if I Was in a Crosswalk When the Car Hit Me?
Yes, being in a crosswalk often strengthens your claim when a car hits you, as drivers generally must yield to pedestrians in marked crosswalks. However, even if you weren’t in a crosswalk, drivers still have a duty to exercise reasonable care to avoid hitting pedestrians.
The circumstances of the accident, including your location and the driver’s actions, are considered when determining your rights when hit by a car as a pedestrian.
What if the Driver Who Hit Me Was Uninsured or Fled the Scene?
If an uninsured driver hit you or if it was a hit-and-run, you may still recover compensation through your own auto insurance policy. Your Uninsured/Underinsured Motorist (UM/UIM) coverage often applies in these situations.
In states like Florida, Personal Injury Protection (PIP) coverage also provides benefits regardless of who was at fault.
How Is Fault Determined in a Pedestrian Accident?
Fault in a pedestrian accident is determined by examining all available evidence to see who acted negligently. Common evidence includes police reports, witness statements, photographs or videos of the scene, and sometimes, analysis by accident reconstruction professionals.
How Long Do I Have To Take Legal Action After Being Hit by a Car?
Each state has a specific time limit, known as the statute of limitations, for filing a personal injury lawsuit after being hit by a car.
In Florida, for most negligence cases, this is generally two years from the accident date, while in Washington, it’s typically three years.
Missing this deadline means you forfeit your right to sue for damages related to your pedestrian accident rights, so act promptly.
Reclaim Your Steps: Secure Your Rights After a Pedestrian Accident
You don’t have to travel the road to recovery alone after being hit by a car while crossing the street. Protecting your future starts with understanding your legal options, and the team of personal injury lawyers at Boohoff Law, P.A. is here to provide clarity and strong advocacy.
Call Boohoff Law, P.A. now at (813) 445-8161 for a FREE, no-obligation consultation to understand your rights and how we can help you move forward.
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