Pedestrian accidents are becoming increasingly common, with alarming numbers reported each year.
According to the World Health Organization (WHO), over 270,000 pedestrians lose their lives on the road annually. This isn’t just a statistic, it’s a harsh reality that affects countless families and communities.
Beyond the physical injuries, victims’ families often struggle with mounting medical bills, lost wages, and emotional trauma that can last for years. This is why it’s important to know how to determine liability and seek compensation.
This article discusses the causes of pedestrian accidents, liability, necessary steps after an incident, compensation options, and the importance of legal help.
What are the Common Causes of Pedestrian Accidents?
Understanding why pedestrian accidents happen is the first step in determining liability. Most of these incidents aren’t truly “accidents” but preventable events resulting from specific behaviors or conditions:
Distracted Drivers
Distracted driving has become an epidemic. That driver scrolling through social media, adjusting their GPS, or responding to a text message may miss seeing a pedestrian until it’s too late.
Studies show that taking your eyes off the road for just five seconds while traveling at 55 mph means covering the length of a football field essentially blindfolded.
Speeding and Reckless Driving
Speeding and reckless driving dramatically increase both the likelihood of pedestrian collisions and their severity.
A pedestrian struck by a vehicle traveling at 20 mph has about a 90% chance of survival, but those odds drop to just 10% when the vehicle is moving at 55 mph.
Failure to Yield at Crosswalks
Failure to yield at crosswalks remains one of the most common causes of pedestrian injuries.
Many drivers either don’t understand or choose to ignore laws requiring them to stop for pedestrians in crosswalks, creating dangerous situations even when pedestrians follow all safety rules.
Driving Under the Influence
Driving under the influence continues to play a major role in pedestrian fatalities.
Alcohol and drugs impair judgment, slow reaction times, and diminish coordination. It is a deadly combination when operating a vehicle around vulnerable pedestrians.
Poor Road Conditions and INadequate signage
Poor road conditions and inadequate signage can create hazardous situations that neither drivers or pedestrians can easily navigate.
Missing streetlights, faded crosswalk markings, or malfunctioning pedestrian signals all contribute to increased risk.
Who Can Be Held Liable for a Pedestrian Injury?
When a pedestrian suffers injuries, multiple parties may share responsibility:
Negligent Drivers
Drivers bear primary responsibility for operating their vehicles safely around pedestrians.
When drivers fail to obey traffic laws, drive distracted, speed through residential areas, or operate vehicles while impaired, they can be held liable for resulting injuries.
Driver negligence forms the basis for most pedestrian injury claims.
Municipalities
Local governments have a duty to maintain safe roadways and functional traffic control systems.
When they fail in this obligation, they may share liability for pedestrian accidents. This includes:
- Poorly maintained sidewalks creating tripping hazards
- Malfunctioning pedestrian crossing signals
- Inadequate street lighting in high-traffic areas
- Missing or faded crosswalk markings
- Failure to address known dangerous intersections
Property Owners
Private property owners may be liable when their property creates hazards for pedestrians.
This might include a store owner who fails to clear ice from a sidewalk, a homeowner who creates blind spots with overgrown vegetation, or a business that doesn’t maintain safe walking conditions in their parking lot.
Pedestrians
Sometimes, pedestrians contribute to their own injuries in a pedestrian accident by jaywalking, crossing against signals, or walking while distracted by phones or headphones.
Many states follow comparative negligence laws, meaning compensation for a pedestrian accident may be reduced by the percentage of fault assigned to the pedestrian.
Critical Steps to Take After a Pedestrian Accident
The moments following a pedestrian accident are crucial for both your health and any future legal claims:
Seek immediate medical attention.
Seek immediate medical attention even if you believe your injuries are minor. Many serious conditions, including internal bleeding and traumatic brain injuries, may not show symptoms immediately.
Additionally, medical records create a crucial link between the accident and your injuries.
Document Everything
If you’re able, take photos of the accident scene, your injuries, and any relevant conditions like malfunctioning signals or poor visibility.
Collect contact information from witnesses whose accounts may prove invaluable later.
Report the accident to law enforcement.
An official police report provides an objective account of what happened and often includes the officer’s assessment of fault. This document can serve as key evidence when filing an insurance claim or pursuing legal action.
Request a copy for your records as soon as possible. If any details seem inaccurate, you may be able to request corrections or submit additional evidence to clarify the facts.
Contact a personal injury attorney before speaking with insurers.
Insurance companies move fast after accidents, pushing for statements or quick settlements before you understand your injuries or rights. Without guidance, you might accept an offer that doesn’t cover long-term medical costs or lost wages.
This is where an experienced attorney becomes essential. They navigate complex legal processes, negotiate with insurers, and fight to secure the full benefits you deserve.
If you need a Portsmouth personal injury lawyer. DiBella Law Injury and Accident Lawyers is the best choice. They offer a free consultation and work on a contingency fee basis, meaning you don’t pay unless they win your case.
Understanding Pedestrian Injury Compensation
Compensation for pedestrian injuries typically covers several categories of damages, including:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Wrongful death claims
- Property damages
Essentially, pedestrian injury compensation aims to make the injured person whole again, as much as possible, after a traumatic event.
How a Personal Injury Lawyer Strengthens Your Case
A personal injury lawyer helps secure fair compensation by collecting evidence, negotiating with insurers, and representing you in court if needed. They strengthen your case by:
Uncovering Hidden Evidence
After a pedestrian accident, critical evidence such as skid marks, witness statements, and surveillance footage can quickly vanish.
Personal injury lawyers conduct swift and thorough investigations. They also collaborate with accident reconstruction specialists and forensic experts to uncover hidden factors that may have contributed to the accident.
Establishing the Full Scope of Damages
Insurance adjusters aim to minimize payouts, often overlooking long-term needs.
To ensure proper compensation, personal injury lawyers calculate both economic damages such as medical bills and lost wages and non-economic damages, including pain and suffering.
By presenting a complete financial picture, attorneys help maximize the settlement amount and prevent victims from being undercompensated.
Protecting Recovery Time
Dealing with a pedestrian accident claim involves a lot of paperwork, negotiations, and legal decisions, which can be stressful for victims.
A personal injury lawyer takes over the process so victims can focus on healing. They also protect victims from insurance companies that try to offer low settlements.
With legal support, victims have a better chance of getting the full compensation they deserve.
Final Thoughts
The aftermath of a pedestrian accident can feel overwhelming, but understanding liability and your legal options provides a path forward.
Pedestrians injured by others’ negligence deserve full and fair compensation for the physical, emotional, and financial consequences they face.
Don’t navigate this challenging time alone. Seeking experienced legal guidance ensures your rights remain protected while you focus on your recovery.
