Pedestrian accidents result in some of the most severe injuries we see in traffic-related cases. Without the protection of a vehicle’s frame, seatbelts, or airbags, pedestrians absorb the full force of impact with little to shield them from harm. These cases involve unique legal and practical challenges that make them more complicated than typical car accident claims.
Our friends at The Law Office of Jeffrey Weiskopf understand that pedestrian cases require different investigative approaches and legal strategies than standard vehicle collisions. A pedestrian accident lawyer addresses the specific challenges these cases present, from proving liability when physical evidence is limited to dealing with insurance coverage gaps that don’t exist in vehicle-to-vehicle accidents.
Reason #1: Injuries Are Typically More Severe
The physics of pedestrian accidents create devastating injury patterns. According to the National Highway Traffic Safety Administration, pedestrians account for a disproportionate number of traffic fatalities despite representing a small percentage of overall traffic incidents.
Common pedestrian accident injuries include:
- Traumatic brain injuries from head striking pavement or vehicle
- Spinal cord damage causing paralysis
- Multiple bone fractures including pelvis, legs, and arms
- Internal organ damage and bleeding
- Severe road rash and soft tissue injuries
- Permanent disability and disfigurement
These catastrophic injuries generate massive medical bills, require extended treatment and rehabilitation, and often prevent return to previous employment. The severity increases claim values substantially but also makes proving future damages more complicated.
Reason #2: Liability Is Often Disputed
Drivers who hit pedestrians frequently claim the pedestrian stepped into traffic suddenly, crossed outside crosswalks, or was wearing dark clothing at night. Without witnesses or video evidence, these cases become credibility contests between the injured pedestrian and the driver who caused their injuries.
Physical evidence from the scene can help reconstruct what happened. Skid marks, vehicle damage location, debris fields, and pedestrian impact points tell stories about vehicle speed and pedestrian position. We work with accident reconstruction professionals who can analyze available evidence and provide testimony about fault.
Crosswalk accidents raise questions about traffic signals, pedestrian right-of-way, and whether drivers yielded properly. Even when pedestrians cross against signals or outside crosswalks, drivers often bear partial responsibility for failing to maintain proper lookout or driving too fast for conditions.
Reason #3: Insurance Coverage Complications
Vehicle-to-vehicle accidents typically involve straightforward insurance claims against the at-fault driver’s policy. Pedestrian cases can involve multiple insurance sources and coverage gaps that complicate recovery.
The driver’s auto liability insurance provides primary coverage, but pedestrian injuries often exceed minimum policy limits. When driver coverage is inadequate, we explore additional sources including the pedestrian’s own uninsured/underinsured motorist coverage, umbrella policies, and even homeowner’s insurance in some circumstances.
Hit-and-run accidents where drivers flee create additional challenges. Uninsured motorist coverage may apply, but these claims require reporting to police and satisfying specific policy requirements. Some states maintain victim compensation funds that provide limited benefits when no other coverage exists.
Reason #4: Comparative Negligence Affects Recovery
Most states apply comparative negligence rules that reduce recovery based on the pedestrian’s percentage of fault. If you’re found 20% at fault for stepping into traffic without looking, your compensation decreases by 20%.
Insurance companies aggressively argue pedestrian fault to reduce payouts. They’ll claim you weren’t in a crosswalk, ignored signals, wore dark clothing, or were distracted by your phone. Defending against these accusations requires evidence showing you acted reasonably under the circumstances.
We gather witness statements, traffic camera footage, cell phone records disproving distraction claims, and testimony about typical pedestrian behavior in the area. Establishing that the driver could and should have avoided hitting you is often the key to overcoming comparative negligence defenses.
Reason #5: Limited Physical Evidence
Vehicle collisions leave paint transfers, damage patterns, and tire marks that help reconstruct accidents. Pedestrian accidents often provide less physical evidence because the pedestrian’s body absorbs impact without leaving marks on pavement or creating debris fields.
Witness testimony becomes more important when physical evidence is limited. We identify and interview witnesses quickly before memories fade or contact information is lost. Dash camera and surveillance footage from nearby businesses can provide objective evidence about what happened.
Traffic signal timing records, crosswalk configurations, and lighting conditions all play roles in establishing what drivers should have seen and when pedestrians had right-of-way. We investigate thoroughly to gather every piece of evidence supporting your version of events.
The Importance Of Immediate Investigation
Evidence in pedestrian cases disappears quickly. Skid marks fade, witnesses move away, and surveillance footage gets recorded over. Early investigation preserves evidence and identifies witnesses while events remain fresh.
We begin investigating immediately upon being retained, sending investigators to accident scenes, interviewing witnesses, and obtaining any available video footage before it’s destroyed.
Building Compelling Cases
Pedestrian accident cases demand thorough preparation and strong evidence to overcome insurance company defenses. The severe injuries involved justify substantial compensation, but obtaining it requires proving liability clearly and documenting damages comprehensively.
We work with medical professionals who can testify about injury severity and long-term prognosis, accident reconstruction specialists who can establish fault, and economists who calculate lifetime financial impacts of permanent disabilities.
Protecting Your Rights After A Pedestrian Accident
If you’ve been injured as a pedestrian or lost a loved one in a pedestrian accident, contact our office to discuss your case. We’ll investigate what happened, identify all available insurance coverage, and build a strong claim that holds negligent drivers accountable for the harm they’ve caused while pursuing maximum compensation for your injuries and losses.
