Pedestrian Accidents: FAQ

Accidents happen. And when accidents happen between automobiles and pedestrians, they can be especially dangerous and even deadly. Thousands of pedestrians are killed every year by cars, and many more are severely injured.

So, what are the legal ramifications of pedestrian-vehicle accidents? Here are some common questions and short answers. If you or a loved one has been injured while walking, the best resource for legal advice is a local personal injury attorney.

What Should I Do After a Pedestrian Accident?

Any car accident can be a stressful time, so it’s helpful to know beforehand what steps you might take if you are involved in a car accident:

• Try to assess any injuries and determine if anyone needs immediate medical attention
• Call the police and an ambulance if necessary
• Take down the driver’s information, including the driver’s name, driver’s license information, insurance information, license plate number, and any additional contact information
• Take photographs of the scene, write down what happened so you remember later, and document any injuries or damage
• Provide an accurate, detailed account to police officers
• Seek medical attention if necessary
• Call the insurance company to file a claim

If you hit a pedestrian with your car, it’s best to be honest and straightforward when speaking to the police. However, any admissions of fault or guilt could haunt you later. Even if you think the accident was the pedestrian’s fault, leaving that argument to your insurance company or an experienced car accident attorney may be best.

How Long Do Injured Pedestrians Have to File a Personal Injury Lawsuit?

Every state has a statute of limitations — laws that limit how long injured parties may pursue civil remedies after an accident. Victims in Kentucky and Louisiana have only one year to bring legal action connected with pedestrian accidents, while those in North Dakota can wait for as long as six years.

A two- or three-year statute of limitations is the norm in most states. This period generally begins on the date of the accident, but some state laws grant extensions when plaintiffs are not immediately aware of the full scope of their injuries.

If a driver with insurance coverage caused your injury, the driver’s insurance company may pressure you to settle. This might seem like a quick and easy way to get money. A personal injury lawyer will negotiate with the insurance company and advise you on the best legal move.

Do All Civil Lawsuits Go to Court?

Civil jury trials, especially those involving personal injury, are expensive and unpredictable, and attorneys for both plaintiffs and defendants may seek to avoid these costs and risks by reaching an out-of-court settlement before trial. Personal injury lawyers could discuss these matters with the auto insurance company and the defendant.

In addition to specifying the amount of damages, civil settlement agreements sometimes contain non-disclosure provisions that prevent the parties involved from publicly discussing the amount of compensation or other details of the personal injury claim.

Much also depends on whether you live in a state with a comparative or contributory negligence standard. If you contributed to your serious injuries, you may not be able to recover for damages, or your damage award may be reduced by the percentage the jury finds you at fault.

For example, suppose a motorist hit you, and you were not in a crosswalk. Here, the motorist had the right of way. You also live in a state with contributory negligence or with modified comparative negligence, like Florida. In that case, you may not recover for your injuries. A pedestrian accident lawyer can answer more specific questions about this.

What Happens During a Deposition?

Depositions are part of the pre-trial discovery process designed to allow the attorneys on both sides to gather the information they will need to advocate effectively for their clients. Depositions generally occur at a lawyer’s office, and a neutral reporter is usually present to provide a record of what everyone says.

Both civil plaintiffs and defendants can expect to face challenging and even accusatory questions during a deposition. But you have a right to have your attorney present, and these questions provide lawyers and insurance companies valuable insight into what happened. Also, both attorneys may ask questions in depositions that would not be allowed in a courtroom, and your lawyer will advise you on the best way to answer.

What Kind of Evidence Gets Presented in Pedestrian Accident Lawsuits?

Jury trials are a search for the truth, with strict rules on the kind of evidence the parties may present and how. Most importantly, all the evidence presented must be relevant and verifiable. Police reports and witness statements can establish the sequence of events, and doctors may testify to explain the nature of the injuries suffered.

While prior bad acts are generally inadmissible in civil lawsuits as they are in criminal trials, they could come in if they are relevant to the facts at hand. For example, while courts usually consider details of a defendant’s drug or alcohol use unfairly prejudicial, they may allow this kind of evidence if the police discover that the driver was impaired at the time of a pedestrian-vehicle accident.

What Kind of Damages Are Awarded in Pedestrian Accident Lawsuits?

Personal injury cases and wrongful death cases vary. Generally, pedestrians injured by negligent drivers may seek compensatory damages when they file a pedestrian accident case and win that case in court. Compensatory damages help accident victims cope with financial setbacks like medical expenses, health care expenses, and lost wages. In some cases, you can also recover money for your pain and suffering and emotional distress. Damages can also cover future expenses, and pedestrian accident victims may also seek compensation for their long-term medical care and the lingering effects of their injuries.

Many state statutes prohibit punitive damages — those aimed at punishing the party at fault — in car accident personal injury claims.

While personal injury attorneys may use paychecks and medical bills to determine compensatory damages claims, putting a dollar value on pain or anguish can be a far more subjective process. An experienced pedestrian accident lawyer can help you with your claim. Most pedestrian accident attorneys offer a free case evaluation and initial consultation to discuss your case.