What to Do After a Pedestrian Accident and Why It Matters

Walking is one of the most ordinary things a person can do. When a vehicle strikes a pedestrian, the results are rarely ordinary. We handle these cases, and we can tell you that the injuries are often severe, the recovery is long, and the legal process can be harder to manage alone than many people expect.

Our friends at KBD Attorneys discuss pedestrian accident claims with injured victims regularly, and the questions are often the same. A pedestrian accident lawyer can help you understand what your case is actually worth, who is responsible, and how to avoid the mistakes that can cost you compensation.

Why Pedestrian Accidents Are So Serious

Pedestrians have no protection when a vehicle strikes them. No seatbelt, no airbag, no frame around them. The physics alone explain why these accidents produce injuries that are fundamentally different from car-on-car collisions.

According to the National Highway Traffic Safety Administration, 7,522 pedestrians were killed in traffic crashes in the United States in 2022, and tens of thousands more were injured. That number represents a decades-long high.

Common injuries in pedestrian accident cases include:

• Traumatic brain injuries: Even a glancing blow can cause serious and lasting neurological damage
• Spinal cord injuries: These can result in partial or full paralysis depending on the location and severity of impact
• Broken bones: Legs, hips, arms, and pelvises are frequently fractured in these collisions
• Internal injuries: Organ damage may not be immediately apparent but can be life-threatening
• Soft tissue damage: Ligament and muscle injuries often require surgery and extended rehabilitation

Who Is Liable in a Pedestrian Accident

Liability is not always as simple as “the driver was at fault.” Multiple parties can share responsibility depending on the circumstances.

The Driver

Driver negligence is the most common cause of pedestrian accidents. Distracted driving, speeding, failure to yield at crosswalks, and impaired driving all fall into this category. When a driver’s careless or reckless behavior causes harm, they can be held legally responsible for the resulting damages.

A Government Entity

Poorly designed intersections, malfunctioning traffic signals, inadequate lighting, or missing crosswalks can contribute to pedestrian accidents. In some cases, a local or state government agency may bear partial responsibility for unsafe road conditions. These claims involve specific procedures and strict deadlines, which is one reason involving a pedestrian accident attorney early is important.

A Vehicle Owner or Employer

If the driver was operating someone else’s vehicle or was working at the time of the accident, the vehicle owner or the driver’s employer may also be liable. Commercial vehicles and rideshare drivers add additional layers to this analysis.

Mistakes That Can Hurt Your Claim

We want families and injured pedestrians to understand a few things that can seriously affect the outcome of a case.

Delaying medical treatment. If you do not seek medical attention immediately following a pedestrian accident, the insurance company will use that gap to argue your injuries were not serious or were caused by something else. See a doctor right away, even if you feel you can push through.

Giving a recorded statement without legal counsel. Insurance adjusters are trained to ask questions in ways that can minimize your claim. You are not required to provide a recorded statement before speaking with an attorney.

Accepting a quick settlement. Initial settlement offers from insurance companies are almost always lower than what a case is actually worth. Once you accept, you typically cannot go back and ask for more, even if your condition worsens.

Assuming fault is clear. Even in cases where a driver ran a red light or hit a pedestrian in a marked crosswalk, insurers may argue comparative fault. Having an attorney document and present the evidence properly makes a real difference.

What Compensation May Be Available

A successful pedestrian injury claim can include compensation for medical expenses, lost wages, future earning capacity, pain and suffering, and long-term care costs. Every case is different, and the specific facts, the severity of injuries, and available insurance coverage all shape the outcome.

If you or someone you love was struck by a vehicle, we encourage you to speak with our team. We can review what happened, explain your rights, and help you pursue the full compensation the law allows.