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Hit by a Car as a Pedestrian? Your Rights and Legal Options

Bond LegalJanuary 12, 20267 min read
Hit by a Car as a Pedestrian? Your Rights and Legal Options

Being struck by a vehicle as a pedestrian is one of the most terrifying and physically devastating experiences a person can endure. Unlike vehicle occupants who have the protection of airbags, seatbelts, and a steel frame, pedestrians have nothing between them and a multi-ton vehicle moving at speed.

Pedestrian Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), over 7,500 pedestrians were killed in traffic crashes in 2022 — the highest number in over 40 years. An additional 67,000+ pedestrians were injured. Pedestrian deaths now account for approximately 18% of all traffic fatalities, up from 12% a decade ago.

Common Causes of Pedestrian Accidents

The most frequent causes include: distracted driving (texting, phone use), failure to yield at crosswalks, speeding through residential areas, drunk or impaired driving, left-turn collisions at intersections, backing up in parking lots, and poor visibility (nighttime, bad weather).

Your Legal Rights as a Pedestrian

In every state, pedestrians have the right-of-way in crosswalks — both marked and unmarked. Drivers have a legal duty to exercise due care around pedestrians. Even if you were jaywalking or crossing outside a crosswalk, you may still have a valid claim. In most states, comparative negligence rules mean your recovery is reduced by your percentage of fault — but not eliminated. However, in a few contributory negligence states (Virginia, Maryland, North Carolina, Alabama, D.C.), any fault by the pedestrian could bar recovery entirely.

Common Pedestrian Injuries

Because of the lack of protection, pedestrian accident injuries tend to be severe: traumatic brain injuries (even from a "minor" collision), broken bones and fractures (legs, pelvis, ribs), spinal cord injuries and paralysis, internal organ damage, road rash and lacerations, and psychological trauma (PTSD, anxiety, depression).

What to Do After Being Hit

1. Call 911 — Get medical attention immediately and ensure a police report is filed 2. Don't say "I'm fine" — Adrenaline masks pain; many injuries aren't apparent immediately 3. Document everything — Photos of the scene, the vehicle, your injuries, traffic signals, crosswalk markings 4. Get witness information — Bystander testimony is invaluable 5. Don't talk to the driver's insurance company — Refer them to your attorney 6. Keep all medical records — Follow through on all recommended treatment

Insurance Coverage for Pedestrian Accidents

As a pedestrian, you can pursue compensation through: the at-fault driver's auto liability insurance, your own auto insurance (if you have UM/UIM coverage — yes, it covers you as a pedestrian too), the driver's employer's insurance (if the driver was working), and premises liability (if the accident occurred in a parking lot or private property).

Wrongful Death Pedestrian Claims

If a loved one was killed in a pedestrian accident, surviving family members can file a wrongful death claim. These claims can recover funeral and burial costs, loss of financial support, loss of companionship and guidance, and pain and suffering experienced before death.

At Bond Legal, pedestrian accident cases are among the most important we handle. The injuries are devastating, and victims deserve dedicated, compassionate representation. Call (866) 423-7724 for a free case evaluation.

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