FAQs Pedestrian Accident Injuries

What is considered a pedestrian accident causing pedestrian personal injuries?

Any accident involving a motor vehicle driver and a person, who is traveling by foot that causes pedestrian personal injuries, is a pedestrian accident. These pedestrian personal injuries could occur at intersections, roadways, parking lots or any other location.

I thought a pedestrian always has the right of way?

This is usually true, but talk to pedestrian injury lawyers as in some circumstances may not. Pedestrian injury lawyers will tell you even when the situation determines that a pedestrian has the right of way, it does not mean a pedestrian has free use of streets all the time. There are many things to take into consideration in a pedestrian accident. Call pedestrian injury lawyers to discuss your pedestrian personal injuries or wrongful death cases.

Who will pay for my pedestrian personal injuries medical bills after I am injured in a pedestrian accident?

This can vary depending on your pedestrian personal injuries insurance situation, but if both parties are insured have exchanged insurance information after a pedestrian accident you have the right to file a pedestrian personal injuries or wrongful death cases against the motor vehicle driver insurance policy company. You may also be able to collect from your own pedestrian personal injuries or wrongful death claim policy under the full or limited tort option.

In a hit and run pedestrian accident you will need to file a pedestrian personal injuries or wrongful death claim under your uninsured or underinsured motorist coverage.

If I am injured by a motor vehicle driver or a loved one is killed as a pedestrian, can I sue the motor vehicle driver that hit my family member or me in a pedestrian personal injuries or wrongful death claim?

As long as it can be established that the motor vehicle driver was at least partially at fault, you are entitled to bring a civil lawsuit for damages including personal injury pedestrian personal injuries or wrongful death cases.

What if I was partially at fault for the pedestrian accident because I was walking outside of a crosswalk or running across the street?

If you were partially at fault, you can still bring a pedestrian personal injuries or wrongful death cases against the motor vehicle driver if the motor vehicle driver was partially at fault.

If I am a pedestrian hit by a motor vehicle driver, or the relative of a victim is there anyone else I can sue other than the motor vehicle driver for pedestrian personal injuries or wrongful death claim?

Possibly, if there were other parties or entities that may have caused or contributed to the pedestrian accident, they can be asked to respond to any pedestrian personal injuries or wrongful death cases that you might make. For example, if the motor vehicle driver recently had his brakes repaired and they were repaired improperly and it could be shown that that caused or contributed to the pedestrian accident, that repair shop could be asked to respond to any pedestrian personal injuries or wrongful death cases that you might make.

If I am a pedestrian, does a motor vehicle driver owe any special duty or care toward me under law?

Both the pedestrian and motor vehicle driver are responsible to exercise ordinary care when using roadways. However, the amount of care required by the motor vehicle driver is typically greater, since the motor vehicle driver is operating a vehicle that is capable of inflicting pedestrian personal injuries or a wrongful death cases. A motor vehicle driver has a duty to keep vehicles under sufficient control in order to avoid injuries to pedestrians.

Is a driver always at fault for a pedestrian accident if the pedestrian is in or near a crosswalk?

Depending on state and local laws where the pedestrian accident occurred, if it was where traffic control signals are not in place or in operation, the motor vehicle driver shall stop to yield to the right of way to a pedestrian crossing the roadway with any marked crosswalk or at an intersection with no marked crosswalk. If this is your experience it would be wise to talk with pedestrian injury lawyers immediately.

What if I or one of my family members is injured or killed by an uninsured/underinsured motor vehicle driver while we were pedestrians?

If an individual is injured or killed by an uninsured/underinsured motor vehicle driver, then one may look to their own automobile insurance coverage for pedestrian personal injuries or wrongful death claim compensation for any injuries or death.
What pedestrian personal injuries or wrongful death claim damages are recoverable in pedestrian accident cases?

There are a variety of pedestrian personal injuries or wrongful death cases damages that are recoverable in pedestrian accident cases. They include:  (1) medical expenses and the cost of future pedestrian personal injuries medical care, (2) lost earnings and loss of future earning capacity, (3) general damages for pain, suffering and emotional distress.

Do I need to retain a pedestrian personal injuries or wrongful death claim pedestrian injury lawyers?

It is almost always a good idea to hire pedestrian injury lawyers when a person suffers a pedestrian accident. In addition, expert witnesses likely need to be hired as soon as possible so that they can reconstruct the pedestrian accident before evidence is lost or destroyed.