Legal Options for Pedestrian Hit by Car

Steven A. Bagen | December 19, 2024 | Pedestrian Accidents

Pedestrians are the most at-risk users of roads, crosswalks, and parking lots because they are completely unprotected in the event of a motor vehicle accident. Fortunately, there are several legal options for pedestrians hit by a car.

To explore possibilities for your injury claim, consult a Ocala pedestrian accident lawyer immediately. They will guide you through your best options before strategizing how to secure financial compensation for your losses. Families suffering the tragic loss of a loved one may also have a right to compensation.

 

Filing an Insurance Claim Against the Liable Driver’s Insurer

Making an insurance claim against the at-fault driver in the accident is the usual route for pedestrian accident cases. It involves determining if the motorist acted negligently and caused the accident.

Your attorney must demonstrate the four elements of negligence to secure compensation for your pedestrian accident claim. The elements are as follows:

• Owed Duty of Care: The at-fault driver had a duty to follow traffic laws and exercise safety and care on the roadways.
• Breach of Duty: The at-fault driver breached the duty by not exercising the reasonable care another person should have under the same circumstances.
• Causation: They failed to comply with their owed duty, which was the direct cause of your pedestrian accident.
• Suffered Damages: You were harmed and experienced actual damages in your pedestrian collision, such as injuries and financial losses.

Proving negligence involves thorough investigation, collection and preservation of evidence, accident reconstruction, and hard data analysis. After your lawyer proves negligence and your medical treatment is complete, they draft the demand letter and begin negotiating a fair settlement.

Filing an Insurance Claim Against the Liable Driver’s Employer

If an at-fault motorist is on the job when hitting a pedestrian with their car, your attorney will file a claim against their employer’s insurer. Imputed or vicarious liability holds employers accountable for their employee’s actions while on duty.

That means your attorney doesn’t have to prove the company was negligent. Provided the at-fault driver was carrying out their work duties when their negligence caused the accident, their insurance company becomes another liable party.

Filing an Insurance Claim With Your Insurer

Many instances support filing claims through your own insurance companies. For example, depending on the circumstances, jurisdiction, and the type of coverage you carry, you may file for compensation through your own auto insurance company. This might include one or more of the following:

• MedPay: This is optional insurance on auto policies available in most states that covers medical expenses, including emergency services, hospitalizations, surgeries, in-home nursing services, health insurance copays, and deductibles. MedPay also covers funeral costs. You can use this coverage for initial costs, and your provider can seek reimbursement from your settlement or directly from the at-fault party’s policy.
• Personal Injury Protection (PIP): If you live in a no-fault auto insurance state, you must carry this first-party insurance that covers you and your vehicle’s passengers, pedestrians, and bicyclists, regardless of who is at fault for the accident. PIP covers limited medical expenses and other financial losses after an accident, such as lost earnings from missing work due to injuries. You will likely have to begin with this first-party claim before you move on to a third-party negligence-based claim.
• Uninsured/Underinsured Motorist (UM/UIM): Uninsured motorist coverage protects drivers, pedestrians, and bicyclists hit by a motorist who doesn’t have auto insurance. Underinsured motorist coverage protects you if a driver hits you and doesn’t have enough coverage for your injuries and damages. UM and UIM are mandatory in many states, but it is wise to have this coverage even when it is optional. Victims of hit-and-run accidents can also file a claim against their uninsured motorist coverage when the driver who fled is never found.

Depending on your health insurance, it may initially cover some costs of your medical expenses following a pedestrian accident. Generally, in these instances, your health insurance company will recoup its losses when you are issued compensation for your claim. Before you receive coverage, you will likely have to answer questions about how the accident happened and provide the at-fault party’s insurance details.

Medical, rehabilitation, and disability costs for pedestrian accident victims can become astronomical quickly. These expenses shouldn’t burden you—especially when the accident was not your fault. An experienced pedestrian accident attorney can decipher your auto insurance policy and seek compensation from all viable sources.

Filing a Claim Against Government Entities

If your attorney determines that your pedestrian accident resulted from poor road conditions, they may file a claim against government entities liable for your damages. Examples of poor road conditions that may make the government liable for your pedestrian accident injuries and damages are as follows:

• Large potholes
• Crumbling pavement
• Faded or missing lane markings
• Malfunctioning or broken traffic lights
• Improperly marked construction zones
• Overgrown vegetation blocking road signs
• Missing stop signs and other road signage
• Inadequate drainage that causes standing water

Federal and state sovereign immunity rules can make filing a claim against the government more complicated than claims against private parties. Sovereign immunity is a legal doctrine protecting the government from being sued without consent. However, there are exceptions for motor vehicle accidents and similar tort-related claims, and an experienced pedestrian accident lawyer can confidently handle the claim if the government is liable for your injuries and damages.

Filing a Pedestrian Accident Lawsuit

Generally, filing a civil lawsuit for a pedestrian accident is the last resort your attorney will take to recover compensation for your injuries or wrongful death claim. However, if liable insurance companies refuse to settle a valid claim fairly or implement bad-faith tactics, your lawyer should not hesitate to file it.

Filing a lawsuit also creates the eligibility to recover punitive damages. Liable insurers do not pay punitive damages during the claim process. Instead, the court awards them to punish particularly egregious and intolerable acts. They help set a precedent for other citizens not to commit these same heinous offenses.

Is There a Statute of Limitations on Pedestrian Accident Claims?

The statute of limitations on pedestrian accident claims varies by state. Most states operate within a two or three-year statute. However, they range from one to six years. Speak to a local pedestrian accident lawyer to discuss a plan to recover compensation within your state’s statute.

Common Injuries That Require Legal Options for Pedestrian Hit by Car

Pedestrians hit by cars are more likely to sustain catastrophic and life-altering injuries because nothing is protecting them from taking the full impact of a moving vehicle. Common injuries requiring legal assistance after being hit by a car include:

• Whiplash
• Broken bones
• Soft tissue injuries
• Spinal cord injuries (temporary or permanent paralysis) 
• Traumatic brain injuries (concussions, skull fractures, coma)
• Lacerations requiring surgery and leaving permanent impairment
• Internal injuries (torn or perforated organs, internal bleeding)

Pedestrian wrongful death is another significant cause for requiring legal options to recover compensation and seek justice for negligent or intentional acts of harm. Unfortunately, deaths from motor vehicle collisions with pedestrians have increased 83 percent across the U.S. since 2009. They also account for 18 percent of motor vehicle accident fatalities.

Family members dealing with the tragic loss of a loved one due to the negligence or intentionally harmful act of another should consult a pedestrian accident attorney immediately. You’ll want to determine a strategy for securing financial compensation for your loved one’s final medical expenses and your pain and suffering.

Compensation for Pedestrians Hit by a Car

Pedestrians hit by a car have legal rights to recover compensation for several types of losses in their accident claim. These losses fall into two general categories: economic and non-economic damages.

Punitive damages are a third category, but remember, they are reserved for pedestrian lawsuits with horrendous circumstances warranting additional punishment. Most claims are not eligible for punitive damages.

Economic Damages

Economic damages are the monetary losses you experienced due to your pedestrian accident. These financial expenses should not fall on your checkbook for payment. Examples of economic damages commonly associated with pedestrian accidents and injuries involve:

• Medical Expenses—ambulance transport from the accident scene, hospitalization, surgeries, post-op care, imaging services, primary care, medical devices, prescriptions, mental health services, future medical expenses, and travel time and costs to and from medical appointments.
• Rehabilitation Costs—physical therapy, massage, chiropractic adjustments, therapeutic ultrasounds, traction, audiology, speech and language, occupational, and vocational therapy.  
• Disability Damages—mobility and transportation modifications to accommodate a disability, including wheelchair-accessible vehicles, steering devices, hand controls, and door openers. Home modifications may include lowered countertops and sinks, widened doorways, ramps, lifts, and accessible bathrooms.
• Lost Income—hourly wages, annual salary, loss of opportunities for non-salary compensation (bonuses, commissions, tips), benefits, pension, diminished earning capacity, and other earnings replacement through the remainder of your life.
• Property Damage—clothing, glasses, sunglasses, purses, backpacks, luggage, skateboards, bicycles, helmets, smartwatches, cell phones, groceries, and other personal property destroyed in the pedestrian accident.

Economic damages are calculable by the paper trail they accumulate. To prove these tangible losses, provide your lawyer with copies of medical billing statements, invoices, employer income loss statements, bank statements, tax returns, receipts, and any other financial documents demonstrating loss.

Non-Economic Damages

Non-economic damages are the intangible losses suffered from your pedestrian accident. They are not quantifiable by a paper trail and can be more challenging to prove, especially without legal counsel. Examples of non-economic damages associated with pedestrian accidents include:

• Physical and chronic pain
• Mental anguish and distress
• Sleep issues—insomnia, nightmares, and sleeping excessively
• Limitations or restrictions on daily activities
• Loss of enjoyment of life
• Permanent impairments, such as amputations, scarring, and disfigurement
• Embarrassment or humiliation
• Anxiety and depression
• Post-traumatic stress disorder (PTSD)
• Worsening of a pre-existing injury
• Shortened life expectancy 
• Loss of consortium (companionship, physical relations)
• Pre-impact terror

Keeping a post-accident injury journal is the best way to document non-economic damages. Detail your pain levels on a scale of 1-10 and note activities that worsen the pain—also, document changes in eating and sleeping patterns, including pain or difficulty.

Post-accident injury journals should be consistent, detailed, dated, and reflect the physical pain, emotional distress, and psychological trauma incurred after being hit by a car. Your attorney will collect this as viable evidence of pain and suffering.

Wrongful Death Compensation for Families of a Pedestrian Hit by a Car

Wrongful death allows surviving family members to file an insurance claim for damages and pain and suffering. Typical wrongful death damages you may recover in a pedestrian wrongful death claim include:

• Final arrangement costs (funeral, burial, or cremation)
• Final medical expenses of the decedent
• Pain and suffering of the decedent before their death
• Pain and suffering for surviving family members
• Loss of consortium (love, affection, spousal relations)
• Loss of guidance and support
• Loss of household services 
• Loss of financial support (salary, benefits, expected future income)
• Loss of inheritance

Who can file for wrongful death varies by state. Generally, surviving spouses and children take precedence above all. However, if those members do not exist or opt not to file, parents or other dependents might seek compensation.

Consult a Pedestrian Accident Attorney

If you or a loved one were involved in a pedestrian accident, you need to explore your legal options for a pedestrian hit by a car. Schedule a free consultation with a reputable and experienced pedestrian accident lawyer to discuss the specifics of your case. You may be eligible to recover substantial compensation for your financial losses and additional damages incurred.

Gather all evidence establishing injuries and damages for your initial consultation, such as medical bills, medical records, and lost income employer statements. This will help your personal injury attorney understand your case’s circumstances comprehensively.