Can You Sue Someone for Running You Over?

Steven A. Bagen | December 17, 2024 | Pedestrian Accidents

Can you sue someone for running you over? Yes. However, after being run over, the legal process usually begins by retaining a lawyer and filing an insurance claim against liable parties. Pedestrian accidents are particularly dangerous and can cause severe or life-altering injuries. Sometimes, they may even result in wrongful death.

The astronomical costs of medical care and other damages aren’t something that someone being run over should be responsible for paying. Schedule a free consultation with an experienced Daytona pedestrian accident attorney to discuss the specifics of your case. You’ll want to determine a strategy to recover compensation.

 

Pedestrian Accident Injuries

The severity of injuries associated with someone running you over is generally severe because there are no protective barriers. Common injuries resulting from pedestrian accidents are as follows:

• Abrasions and Lacerations: Cuts, scrapes, and road rash are typical injuries after being hit by a motor vehicle. Significant lacerations may require stitches and run a high risk of infection if not treated medically right away. Lacerations and abrasions can lead to scarring and other permanent physical impairments.
• Internal Injuries: Internal organ damage can be serious and fatal if left undiagnosed and untreated. Trauma to the liver, lungs, kidneys, spleen, and other organs can lead to organ damage and internal bleeding.
• Crush Injuries: Bleeding, bruising, swelling, fractures, and other injuries result from excessive force and pressure on a body part. This condition is known as compartment syndrome. It can occur when a pedestrian becomes pinned under a vehicle and may cause severe damage to tissues, blood vessels, nerves, and muscles.
• Spinal Cord Injuries: Spinal cord injuries can occur in the neck through the base of your spine and are often severe. They may result in temporary or permanent paralysis.
• Head Injuries: Head injuries are generally severe and can lead to long-term cognitive and physical disability. Common head injuries include skull fractures, concussions, intracranial hematomas, and traumatic brain injuries (TBIs).
• Broken Bones: Broken bones are a common injury sustained in an accident where a pedestrian is run over. The vehicle’s impact or force from hitting the ground can fracture or break bones. These injuries often result in surgeries and rehabilitation. 

Recovery times and healthcare expenses associated with these types of injuries vary. However, the more severe the injuries, the longer the treatment, and the more significant the damages in a pedestrian accident.

Causes of Pedestrian Accidents

Pedestrian accidents are common in crosswalks, parking lots, and other areas with higher pedestrian traffic. Several causes exist for someone running over you with their vehicle, including:

• Distracted Driving: Distracted driving is a leading cause of pedestrian collisions. Motorists who talk, text, scroll, and record short video content on their cell phones are negligent. Other distractions include adjusting controls, talking with passengers, and looking at events outside the vehicle.
• Impaired Driving: Driving impaired is another serious offense responsible for motorists running pedestrians over. Impairment includes drowsy driving, drunk driving, driving under the influence of cannabis, and over-the-counter, prescription, and illegal drugs. 
• Aggressive Driving: Driving aggressively includes speeding, making unsafe lane changes, running red lights, ignoring road signage, and failing to yield the right-of-way. 
• Road Hazards: Hazardous road conditions can also cause motorists to run over pedestrians. Typical road hazards involve fallen tree branches, uneven pavement, large potholes, animal carcasses, inadequate lighting, and missing guardrails.
• Defective Vehicles and Parts: Vehicle mechanical issues and failures, such as steering and brake system problems, can cause motorists to lose control of their vehicles, increasing their chances of running over pedestrians.

Your attorney will thoroughly investigate your case, exploring all causes. After determining the cause of your pedestrian accident, they can build a case against all liable parties.

Who Is Liable in Pedestrian Accidents?

The vehicle driver that ran you over is often liable in pedestrian accidents. However, several other parties may be liable depending on the circumstances of your pedestrian accident. Common liable parties include:

• At-fault driver’s employers (bus, cargo, and trucking companies)
• Municipalities and government agencies
• Road maintenance companies
• Construction companies
• Vehicle and parts manufacturers

In some cases, there may be multiple parties of liability. For example, the motorist responsible for running you over may have done so while working. In that case, the company the driver works for may also be liable for your accident injuries and damages.

Another example is if a construction site failed to place proper signage, causing a motorist to act negligently and run over a pedestrian. In that case, the construction company may also be liable.

Filing an Insurance Claim After Someone Runs You Over 

There are multiple options for filing an insurance claim after being run over. Generally, you’ll file a claim against the liable party’s insurance company. However, depending on your insurance coverage, you may file with your insurer. Types of insurance claims you may be eligible to file include liable party insurance claims, personal injury protection, or medical payments.

Liable Party Insurance Claim

Filing an insurance claim with liable insurance companies can take time, depending on the severity of your injuries and length of treatment. An experienced pedestrian accident attorney will thoroughly investigate your case to determine all liable parties and prove negligence in your claim. Injured parties may recover medical costs, income losses, property damages, and intangible losses, such as pain and suffering, by filing against liable insurers.

Personal Injury Protection (PIP)

If you carry personal injury protection (PIP) coverage with your auto insurer, you usually can access it if you are hit as a pedestrian. PIP or no-fault insurance allows you to claim healthcare costs, lost income, childcare expenses, and funeral costs in the case of wrongful death. If the at-fault driver has PIP, you may file a claim to recover these damages through their auto insurer.

Medical Payments (MedPay)

Medical Payment Coverage or MedPay is an optional type of insurance coverage you can file a claim with to cover medical expenses. There are varying coverage amounts. MedPay also covers funeral expenses in the case of wrongful death.

Filing a Lawsuit After Someone Runs You Over

The litigation process is time-consuming and costly, so insurance companies prefer to settle outside of court. However, if liable insurance companies refuse to pay a fair settlement for your injuries and damages, your attorney may proceed with filing a lawsuit.

While your case moves into the discovery phase, your attorney and the defense team exchange depositions, interrogatories, and other information. Negotiations will continue, provided the insurer accepts liability, even after filing the lawsuit.

Most of the time, pedestrian accident cases are settled before trial. However, if your case proceeds, your attorney will represent you in court.

How an Experienced Pedestrian Accident Attorney Can Help

A knowledgeable and experienced pedestrian accident lawyer will determine whether the circumstances of your case warrant filing an insurance claim or civil lawsuit. Pedestrian accident attorneys work in contingent fee arrangements.

It costs nothing upfront to hire them, and they only get paid if they win your case. Their services include:

• A comprehensive investigation into your claim
• Working with experts
• Calculating the damages in your claim
• Negotiating with liable parties

Comprehensive Investigation Into Accident Claim

Accidents involving someone running you over are generally complex due to liability and the severity of injuries. Depending on the nature of your claim, an investigation can take time. Your lawyer’s investigation may include:

• Collecting Evidence—Police reports, video footage of the accident from traffic lights, dashcams, and commercial buildings, vehicle maintenance records, black box vehicle data, driver cell phone records at the time of the accident, and insurance information.
• Interviewing Witnesses—Locating witnesses from the accident scene and collecting their statements detailing their accountings. Gathering any pictures or video evidence from witness cell phones.
• Scene Inspection—Visiting the accident scene to investigate and document the location, skid marks, road conditions or hazards, and other relevant physical evidence.
• Vehicle Examination—Assessing the damages to the at-fault driver’s vehicle by documenting details and taking photographic evidence.
• Medical Records Review—Examining your medical records with medical experts to properly assess injuries and maximize your compensation.
• Photo and Video Analysis—Analyzing all photographic and video evidence taken at the scene, gathered from cameras, and those provided by witnesses. 

While investigating your claim, your attorney will advise you to refrain from posting on social media. Liable insurers often stalk social media accounts for anything they can use to deny an accident victim’s claim’s partial or total liability. Even an innocent photo of you dining in a restaurant can be interpreted that you are not as injured as you claim.

Working With Experts

After gathering and preserving the evidence of your pedestrian accident claim, your attorney will consult experts to build a solid case. Depending on the nature of your claim, they may consult with:

• Medical professionals
• Mental health specialists
• Occupational therapists
• Vocational therapists
• Speech and language therapists
• Economists
• Engineering experts
• Product defect experts 
• High safety experts

Accident reconstruction specialists are another expert in a pedestrian accident lawyer’s network. Accident reconstructionists are professionals who utilize their knowledge and experience with engineering, physics, and law enforcement to recreate and analyze the causes of an accident.

Calculating Damages and Determining Losses

Valuing the damages in your claim involves calculating your monetary losses and determining your non-monetary damages. Factors your attorney and liable insurers consider may include your age, education, and work experience. Typical damages involved in pedestrian accidents are as follows:

• Medical Expenses—Ambulance and emergency services, hospitalizations, surgery, imaging services, mental health care, medical devices, primary care, medical evaluations, and future medical care.
• Rehabilitation Costs—Post-accident rehabilitation therapy, physical therapy, traction, orthopedic, chiropractic adjustments, massage, acupuncture, occupational and vocational therapy. 
• Disability Costs—Mobility aids, wheelchair ramps, chair lifts, wheelchair-accessible vehicles, and vehicle modifications to accommodate disabilities, such as steering devices and hand controls.
• Professional Losses—Lost income, including wages, salary, loss of opportunities for non-salary compensation (tips, commissions), healthcare and retirement benefits, sick leave, and lost job opportunities and promotions. Diminished earning capacity or future earnings are factored in if relevant to your claim.
• Property Damages—Property damaged or destroyed in the accident, such as your cell phone, clothing, glasses, and other personal belongings.
• Non-Economic Damages—Chronic pain, mental anguish, sleep losses, depression, anxiety, loss of society and companionship, loss of consortium, permanent impairment, and decreased quality of life. 
• Wrongful Death Damages—Final arrangement costs, final medical expenses, pain and suffering, loss of household services, loss of guidance and support, loss of household services, loss of consortium, and loss of financial support.

To prove damages, keep copies of all your financial losses. These can be demonstrated with invoices, billing statements, banking statements, and receipts for out-of-pocket costs, such as copays and prescriptions. Document your pain and suffering in a post-accident journal. You’ll want to include pain levels on a scale of one to ten, the time and location of your pain, sleep disturbances, and emotional state.

Negotiating With Liable Insurance Companies

Negotiating with liable insurance companies is vital to the insurance claim process. Fortunately, an experienced lawyer is a skilled negotiator who will fight for fair compensation.

Negotiations can last a few rounds before settling. Claims with multiple liable parties may take more time due to the complexity of your circumstances. Your attorney will inform and advise you on all settlement offers before you accept or reject them.

Speak With a Pedestrian Accident Lawyer in Your Area Today

If you are a victim of someone running over you or lost a loved one due to the negligence of another person, contact a pedestrian accident attorney in your area immediately. They will listen with compassion while strategizing a plan to recover compensation for your financial and intangible losses incurred. Schedule a free consultation to discuss your case today with a personal injury lawyer near you.