Overview of Pedestrian Accidents

Pedestrians – people traveling on foot or mobility devices – are among the most vulnerable users of the roads. Unlike drivers or passengers in vehicles, pedestrians have no physical protection in a collision. When a car, truck, or other vehicle strikes a person walking, the results are often devastating. Pedestrian accidents are a significant and growing concern in public safety. In the United States, over 8,000 pedestrians were killed in traffic crashes in 2022 alone (about one death every hour). That year, pedestrians accounted for roughly one in five traffic fatalities. Tens of thousands more pedestrians suffer non-fatal injuries each year – an estimated 140,000 were treated in emergency departments in 2022 for crash-related pedestrian injuries. These sobering statistics highlight how frequently pedestrians are hurt by motorist negligence.

From a legal standpoint, a pedestrian accident typically falls under personal injury law (or wrongful death law if the pedestrian is killed). Injured pedestrians (or the families of those killed) have the right to pursue compensation from the at-fault driver or other responsible parties. The most common scenario is a negligence claim against a driver: to win, the pedestrian (plaintiff) must prove the driver failed to use reasonable care – for example, by speeding, not yielding at a crosswalk, or driving while distracted – and that this failure caused the accident and resulting injuries. Pedestrian accidents often raise specific issues: Was the pedestrian crossing legally (at a crosswalk or with the light)? Did the driver have sufficient visibility? Were traffic signals or crosswalks functioning correctly? Our firm has extensive experience investigating these questions and building strong cases for injured pedestrians. We understand the life-altering impact these incidents have on victims and their families, and we fight to hold careless drivers accountable.

It’s important to note that pedestrians almost always suffer the brunt of the injuries in a collision, regardless of who was technically at fault. A 150-pound person is no match for a 3,000-pound car. Even at lower speeds, being struck or knocked to the pavement can cause serious harm. Because of this imbalance, drivers have a special duty to be vigilant for people on foot, especially in areas like crosswalks, school zones, and residential neighborhoods. Unfortunately, we see far too many cases where a moment of driver inattention or impatience leads to a pedestrian being hospitalized with catastrophic injuries. Our goal as pedestrian accident attorneys is not only to secure full compensation for our clients’ losses (medical bills, lost income, pain and suffering, etc.), but also to send a message that road safety rules exist to protect everyone – including those walking.

Typical Causes of Pedestrian Accidents

Pedestrian accidents usually stem from some form of driver negligence or traffic rule violation. While each case has unique facts, the following are typical causes of pedestrian accidents that we encounter frequently:

• Distracted Driving: Drivers who are not paying full attention to the road pose a grave danger to pedestrians. Texting or using a smartphone is one of the most pervasive distractions today – taking a driver’s eyes off the road for even a few seconds can prevent them from seeing a person crossing the street. Other distractions include eating, adjusting the GPS or radio, or conversing with passengers. A common scenario is a distracted driver failing to notice a pedestrian in a crosswalk or stepping off a curb, resulting in a high-speed impact. In our investigations, we often obtain phone records or examine in-car data to show the driver was likely distracted (for instance, phone use logs around the time of the crash). Laws in many states ban texting or handheld phone use while driving, which can bolster a negligence claim if violated. Distracted driving has long been one of the top causes of pedestrian crashes, even before mobile phones were ubiquitous (drivers have always found ways to be distracted, such as by eating or adjusting the radio).

• Failure to Yield Right of Way: Pedestrians typically have the right of way at marked crosswalks and intersections when they have a walk signal or in many states even at unmarked crosswalks (extensions of sidewalks at intersections). A major cause of accidents is drivers failing to yield to pedestrians who are lawfully crossing. This can happen if a driver is in a hurry and doesn’t want to wait, or if they simply aren’t looking carefully. For example, left-turn and right-turn accidents are common – a driver turning at an intersection might focus on oncoming traffic and forget to check for people in the crosswalk, hitting someone as they turn. Running red lights or stop signs also leads to pedestrian impacts in intersections. In addition, not yielding can occur in parking lots or when exiting driveways (drivers may be looking for other vehicles and not notice someone walking on the sidewalk). In these cases, the traffic laws and signals themselves provide clear evidence of negligence – if a pedestrian had the walk sign and was hit, the driver violated the law by not yielding.

• Speeding and Reckless Driving: Higher vehicle speeds greatly increase both the likelihood of hitting a pedestrian and the severity of injury. A car going 40+ mph can cause fatal injuries to a pedestrian, whereas at 20 mph, there’s a much better chance of survival. Many pedestrian accidents happen because a driver was exceeding the speed limit or driving too fast for conditions (such as in areas with heavy foot traffic). Speeding reduces the driver’s reaction time and increases stopping distance, making it hard to avoid a pedestrian even if seen at the last moment. Reckless driving behaviors like weaving through traffic, aggressive passing, or ignoring school zone speed limits also contribute. For instance, a driver racing to beat a light might not see a person stepping off the curb. Excessive speed is especially deadly at night, as visibility is reduced. Notably, most pedestrian fatalities (about 60%) occur on high-capacity urban roads with posted speed limits of 45-55 miles per hour, and a large majority of these deaths happen after dark. Our team often uses accident reconstruction experts to calculate vehicle speed from skid marks or vehicle damage, to prove a driver was speeding when they struck the pedestrian.

• Driving Under the Influence (DUI): Alcohol and drug impairment in drivers is a well-known cause of all types of crashes, and pedestrian collisions are no exception. An intoxicated driver may fail to see a pedestrian crossing, react too slowly, or swerve onto sidewalks. DUI accidents involving pedestrians frequently occur at night and on weekends, correlating with times people are leaving bars or parties. Tragically, these can be hit-and-run cases too, as a drunk driver might flee the scene. Statistics consistently show a high percentage of fatal pedestrian crashes involve alcohol – in 2022, nearly 48% of deadly pedestrian crashes involved alcohol in some capacity (with about one out of six involving a driver over the legal limit and about one out of three involving an impaired pedestrian). While a pedestrian’s impairment can contribute (and might reduce damages under comparative fault), the focus in our civil case will be on the driver’s choice to drive under the influence. If a drunk driver hit you or a loved one, it’s not only negligence, it’s negligence per se (violating DUI laws) and can even lead to punitive damages in some cases due to the wanton disregard for safety.

• Poor Visibility and Weather Conditions: Some accidents happen because the driver did not see the pedestrian in time. This is often due to low light conditions (dawn, dusk, nighttime) combined with dark clothing, or glare from the sun at certain hours. Weather can also play a role – rain or fog can reduce visibility and make it harder for both drivers and pedestrians to perceive each other. However, poor visibility is not an excuse for a driver failing to avoid a crash; drivers are expected to use extra caution when vision is limited (slowing down, using headlights, being alert). Many nighttime accidents occur in areas with inadequate street lighting, which can implicate a city’s responsibility as well (for instance, if streetlights were out or insufficient). As mentioned above, a large majority of pedestrian fatalities happen in dark conditions when drivers have more difficulty seeing people on foot. In some cases, we might bring in road design experts if a particular location is known to be hazardous (e.g., a crosswalk that is poorly lit or lacking flashing beacons) to show that additional factors contributed to the cause of the accident.

• Mid-Block Crossings and Jaywalking: Not every accident happens at an intersection or crosswalk. Pedestrians sometimes cross mid-block, especially on long stretches between intersections or in residential areas. Drivers might not expect pedestrians to cross at those points and may not slow down. While it’s true that crossing outside of a crosswalk can put some fault on the pedestrian (violating jaywalking laws in many locales), drivers still have a duty to be alert and can still be found negligent, for example, if they were speeding or not paying attention. Many mid-block accidents also occur when a pedestrian emerges from between parked cars, giving a driver little time to react. Each case will depend on specifics: Was the pedestrian visible? Were there environmental factors? Did the driver have any opportunity to avoid the collision? We carefully analyze these scenarios. Even if a pedestrian was not in a designated crossing, the driver may bear liability if their driving was careless (for instance, a driver who fails to see someone crossing a residential street at night because they were looking at their phone is still largely at fault, even if the pedestrian wasn’t in a crosswalk).

Notably, pedestrian accidents can also involve factors beyond driver behavior: vehicle malfunctions (like faulty brakes), or road defects (malfunctioning traffic signals, lack of crosswalks, etc.). In such cases, multiple parties might share blame (vehicle manufacturers or government entities). But in most cases, the immediate cause is a driver’s action or inaction. Our firm conducts thorough investigations, gathering police reports, witness statements, traffic camera footage, vehicle data, and more to determine exactly how and why the incident occurred. This allows us to pinpoint the cause and the responsible parties.

Common Injuries in Pedestrian Accidents

Because pedestrians have virtually no protection, the common injuries sustained in these accidents tend to be severe. Some of the typical injuries and their implications include:

• Broken Bones and Orthopedic Injuries: Fractures are extremely common when a pedestrian is struck by a vehicle. The legs often take the initial impact – broken legs (tibia/fibula), shattered knees, and pelvic fractures occur frequently. It’s not unusual for a pedestrian to suffer multiple fractures simultaneously. For instance, being knocked to the ground can break an arm or wrist (as the person instinctively tries to catch themselves) in addition to leg injuries from the car’s impact. Pelvic fractures are particularly serious because they can affect internal organs and mobility. Orthopedic injuries usually require emergency treatment like casting, surgery (inserting rods, plates, or screws), and extensive rehabilitation. We often claim significant medical expenses for these injuries, and also consider the long-term effects: a badly broken leg might leave a person with a permanent limp or arthritis that limits their activities. Documenting the full extent of recovery time, surgeries, and any disability is key to ensuring fair compensation.

• Head Injuries and Traumatic Brain Injury: When a pedestrian is hit, their head may strike the vehicle (like the hood or windshield) and/or the pavement. This can cause anything from a concussion to a severe traumatic brain injury (TBI). Head injuries are one of the leading causes of death in pedestrian crashes. Survivors may face cognitive impairment, memory loss, personality changes, or other life-altering effects. Even a “mild” concussion can result in post-concussion syndrome with headaches and concentration issues for weeks or months. In cases of moderate to severe TBI, there may be a need for long-term care or assisted living. Legally, proving a brain injury usually involves neurologist evaluations, CT/MRI scans, and sometimes neuropsychological testing to measure cognitive deficits. These injuries significantly drive up the value of a claim but also are fought by insurance companies (since symptoms can be subjective or long-term). Our attorneys work closely with medical experts to clearly link the TBI to the accident and to illustrate how it has diminished the victim’s quality of life and future earning capacity.

• Spinal Cord Injuries and Paralysis: A violent impact can injure the spine. Pedestrians thrown by a vehicle might land in a way that fractures vertebrae or even severs the spinal cord. High-cervical spinal cord injuries can cause paralysis from the neck down (tetraplegia), while mid-back injuries might cause paraplegia (paralysis of the lower body). Even without paralysis, spinal injuries can lead to chronic pain, nerve damage, and loss of function (for example, a herniated disc impinging on nerves can cause radiating pain and weakness in limbs). If a pedestrian suffers a spinal cord injury, the case often becomes a catastrophic injury case with enormous medical costs (hospitalization, surgery, possibly lifelong use of wheelchairs or mobility devices, home modifications, and personal care). We ensure to project those future costs via life care planning experts to claim sufficient compensation. Furthermore, paralysis and spinal injuries often warrant claims for loss of enjoyment of life because of the drastic change in the person’s abilities.

• Internal Injuries and Organ Damage: The blunt force trauma of being struck by a car can cause internal bleeding and organ damage even without obvious external wounds. The impact can lacerate organs like the liver or spleen, cause a pneumothorax (collapsed lung), or lead to internal hemorrhage. These injuries are life-threatening and require immediate surgical intervention. For instance, a pedestrian might suffer a ruptured spleen and multiple rib fractures if hit in the torso. The shock and adrenaline at the scene might mask symptoms, which is why pedestrians should always get medical evaluation after an accident, even if they think they’re okay. In claims, internal injuries are demonstrated through medical records like CT scans and operative reports. They also often increase pain and suffering damages because of the invasive treatments needed (emergency surgeries, lengthy ICU stays, etc.). Additionally, internal injuries can have lasting effects; for example, removal of a spleen or kidney can have health implications down the line, which we account for in the claim.

• Facial Injuries and Scarring: Pedestrians may suffer injuries to the face and head, especially if they hit the windshield or ground face-first. This can include broken facial bones (nose, cheekbones, jaw), dental injuries (lost or cracked teeth), eye injuries, or severe cuts. Such injuries can lead to permanent scarring or disfigurement. Aside from the physical pain, disfiguring injuries carry psychological impacts – victims may feel self-conscious or depressed about their appearance, requiring plastic surgery or counseling. In legal terms, scars and disfigurement are compensable as a separate category of damage in many cases, acknowledging the lasting visible reminder of the trauma. Our team often includes plastic surgery evaluations for clients with facial injuries to estimate future treatment needs. We also sometimes use photographs effectively in negotiations or trial (with the client’s permission) to show the extent of scarring, since a picture can convey what medical jargon cannot.

• Psychological Trauma: Surviving a pedestrian accident can be emotionally traumatic. Many victims develop post-traumatic stress disorder (PTSD) symptoms – they might relive the accident in nightmares or flashbacks, experience anxiety around traffic or crossing streets, or suffer from depression due to their injuries and sudden change in life. Families who lose a loved one in a pedestrian accident also endure immense emotional suffering. While the primary damages in a personal injury case are often physical, we always consider the mental health impact. Treatment with therapists or psychologists can be part of the recovery, and the costs (as well as the pain and suffering from emotional distress) should be compensated. It’s not uncommon for an injured pedestrian to be hesitant to walk near roads or to cross streets long after they’ve healed physically. We encourage clients to seek support for these issues and gather documentation or expert testimony on psychological injuries when needed to present a full picture of the harm they’ve suffered.

In sum, injuries from pedestrian accidents are usually serious and often multi-faceted. It’s our job to ensure that any settlement or verdict fully covers not just the immediate medical bills, but also the long-term consequences of these injuries. This includes future medical care, rehabilitation, lost earning capacity if the person can’t return to their same job, and intangible losses like pain, suffering, and loss of enjoyment of life. We work closely with medical providers and sometimes specialist consultants (like economists or life care planners) to quantify these damages so that our clients are not shortchanged after such a life-altering event.

Legal Challenges in Pursuing a Pedestrian Accident Claim

Pedestrian accident cases might seem straightforward – if a person was hit by a car, it sounds like the driver is obviously at fault. However, in practice, these cases can involve several legal challenges that need to be navigated:

1. Disputed Liability and Comparative Fault: One common challenge is that drivers (and their insurance companies) may dispute fault by blaming the pedestrian. They might claim the pedestrian was jaywalking, crossed against the light, or darted out suddenly, leaving no time to stop. In some cases, there is truth to these assertions; pedestrians do have a duty to exercise reasonable care for their own safety. Under comparative negligence rules, if an injured pedestrian is found partially at fault, their compensation can be reduced proportionally (or in a few states, barred entirely if they were mostly at fault). For example, if a pedestrian crossed in the middle of the block at night and was hit, a jury might assign a percentage of fault to the pedestrian for not using a crosswalk or being more visible. Our job as the pedestrian’s attorneys is to counter any exaggerated blame. We gather evidence to show the driver still had the last clear chance to avoid the accident or that the pedestrian’s actions were reasonable under the circumstances. Perhaps the pedestrian was forced to cross where they did because no crosswalks were nearby, or maybe the driver was speeding, which contributed far more to the crash than where the pedestrian crossed. We also use witness accounts and any video footage to piece together the truth. Ultimately, even if a pedestrian bears some fault, we strive to keep it as low as possible and highlight the driver’s greater share of responsibility.

2. Lack of Witnesses or Evidence: Many pedestrian accidents happen quickly and without clear eyewitnesses. Unlike a two-car collision where both drivers give accounts, in a pedestrian crash the victim might be unconscious or too severely injured to recall details. If the driver claims “they came out of nowhere” or “they suddenly ran in front of me,” and there are no other witnesses, it can become a he-said, she-said situation. To overcome this, we act swiftly to gather any possible evidence. This might include traffic camera footage, surveillance video from nearby buildings, or dash-cam footage if available. We also look at physical evidence: skid marks (or lack thereof) can show whether the driver braked, the point of impact on the car can indicate how and where the pedestrian was struck, and the resting positions can tell us the speed and direction. In some cases, we employ an accident reconstruction expert who can use scientific principles to infer the sequence of events. Another tool is the vehicle’s event data recorder (if it has one) which can sometimes reveal speed and braking activity before impact. The sooner we can obtain these pieces of evidence, the better, as they can disappear quickly (skid marks fade, videos get overwritten).

3. Hit-and-Run Scenarios: A particularly challenging situation is when the driver flees the scene (hit-and-run), leaving the injured pedestrian without an immediately identifiable at-fault party. Legally, a hit-and-run doesn’t prevent a claim, but it shifts focus to finding the driver or tapping into other sources of compensation. We work closely with law enforcement and sometimes private investigators to help track down hit-and-run drivers – looking for eyewitnesses who caught a glimpse of the vehicle, nearby cameras, or vehicle debris left at the scene that can identify the make/model. If the driver is found, not only will they face criminal charges, but we can pursue the civil case against them (and the fact they fled can be powerful evidence of negligence and consciousness of guilt). If the driver is never identified or is uninsured, the pedestrian may need to rely on their own uninsured motorist (UM) coverage if they have auto insurance themselves (yes, UM coverage can cover a pedestrian hit by an unknown or uninsured driver). Explaining these insurance nuances and making sure a UM claim is filed timely is part of our role. Hit-and-run cases can be frustrating, but we leave no stone unturned to secure compensation, whether from the perpetrator or through our client’s own insurance protections.

4. Sovereign Immunity and Road Design Issues: Sometimes a pedestrian accident isn’t solely the result of driver error – the environment plays a role. Perhaps a crosswalk was poorly designed, traffic signals malfunctioned, or there were no sidewalks in an area that sees a lot of foot traffic. In such instances, a government entity (city, county, state) might share liability for creating or not fixing a dangerous condition. For example, if numerous pedestrians have been hit at a particular intersection due to confusing signals or lack of a crosswalk, the city could be partially at fault. Suing a governmental entity involves specific hurdles: sovereign immunity laws protect governments to an extent, and often you must file a special notice of claim within a short time (sometimes 30-180 days after the accident) to preserve the right to sue. Additionally, some states cap damages against government units. We have to carefully evaluate these factors. In cases where it’s justified, we will bring a claim against the municipality or state – for instance, if a street light was out for months despite complaints and a pedestrian was hit in that dark crosswalk, there’s a strong case of negligence on the city’s part. Overcoming sovereign immunity requires fitting the case into exceptions (most states allow claims for negligent maintenance of roads/signals, etc.). We navigate those procedural requirements so that any public entity that contributed to the accident is held accountable.

5. Insurance Limitations and Compensation Challenges: Another challenge can be ensuring that the pedestrian actually recovers enough compensation to cover their losses. Pedestrian injuries are often very severe (as discussed), meaning medical bills and other damages can easily reach hundreds of thousands or even millions of dollars. However, the at-fault driver’s auto insurance might have low policy limits – for example, a minimum insurance driver might only have $25,000 of coverage, which is nowhere near enough for a serious injury. While this isn’t a legal obstacle in proving fault, it’s a practical challenge in recovering money. We address this by looking for all possible sources of recovery. Does the driver have personal assets beyond insurance? Were they driving for work (which could implicate a company’s insurance, as companies often have higher liability coverage)? Was a second vehicle involved that also shares blame? Does our client have underinsured motorist coverage to cover the gap? Part of effective lawyering in pedestrian cases is being creative and thorough in finding ways to make the victim financially whole. We also aggressively negotiate medical liens and bills down so that our client keeps more of any settlement. In essence, we’re not just lawyers in the courtroom, but advocates in ensuring the outcome truly helps the client recover, financially and physically.

6. Proving Long-Term Damages: Because pedestrian injuries can be life-changing, another challenge is fully conveying and substantiating the long-term impact of the injury. Insurance companies might concede the driver was at fault but then vastly undervalue things like pain and suffering, future medical needs, or lost earning capacity. We often face arguments like “the victim is healing, they should be fine in a few months” or “they can find another job.” It’s our responsibility to counter these notions with solid evidence: doctor’s reports that detail future surgeries or therapy, vocational experts who can explain how the injuries limit the kind of work the person can do, and even day-in-the-life videos or statements from family about how the injury has changed the person’s daily activities. For example, if a client was an avid runner and can no longer walk without assistance after a pedestrian crash, we want to highlight that loss of quality of life. These are not always straightforward dollars-and-cents calculations, but they are a critical part of achieving justice. We leave no aspect of our client’s suffering unaddressed in the claim, which sometimes means fighting the defense’s doctors who may claim our client is exaggerating. Our thorough preparation and use of credible expert testimony help overcome these challenges to prove the full extent of damages.

In conclusion, while a pedestrian accident might at first seem like an obvious case of driver fault, there are numerous challenges from proving how it happened, dealing with potentially biased perspectives on pedestrian behavior, to collecting from the right sources. Our firm’s experience in handling pedestrian injury cases enables us to anticipate these issues and proactively tackle them. We are passionate about protecting the rights of injured pedestrians – people who were simply walking and had their lives upended by a careless driver. By meticulously gathering evidence, engaging the right experts, and tenaciously advocating for our clients, we overcome the legal hurdles and put our clients in the strongest position to receive the compensation they need and deserve.

Potentially Liable Parties in Pedestrian Accident Cases

When a pedestrian is hit by a vehicle, the focus naturally goes to the driver of that vehicle – and indeed the driver is usually the primary liable party. However, pedestrian accidents can involve other potentially liable parties as well, depending on the circumstances. Identifying all who may be responsible ensures the injured person (or their family) can seek full compensation. Here are parties that might bear liability:

• The Driver: This is the obvious one. The driver who struck the pedestrian is typically at fault due to some form of negligence (speeding, distraction, etc.). If the driver was clearly negligent, they will be the main defendant in any claim or lawsuit. Sometimes more than one driver is involved – for example, a pedestrian could be struck by one car and then hit again by a second, or a swerving driver might push another car into a pedestrian. In such cases, both drivers can share liability. We will pursue claims against all drivers who had a hand in causing the injuries. Each driver’s insurance would then potentially contribute to a settlement or judgment.

• The Driver’s Employer (Vicarious Liability): If the driver was on the job at the time of the accident, their employer may be held vicariously liable for the employee’s actions. For instance, if a delivery truck or rideshare driver hits a pedestrian while making a delivery or transporting a fare, the company that employs the driver (or the rideshare company) could be liable under the legal doctrine of respondeat superior. Employers typically carry commercial insurance policies with higher limits, which is important in cases of severe injury or death. It’s also possible the employer’s own negligence contributed – perhaps through inadequate training or over-scheduling that led to driver fatigue. We investigate the driver’s work status and whether they were within the scope of employment. If so, we will include the employer or corporate entity in the claim to access those resources for our client’s benefit.

• Vehicle Owner (If Different from Driver): Sometimes the person driving is not the owner of the vehicle. Under certain circumstances, the vehicle’s owner can be liable simply by entrusting their car to an unsafe driver (this is known as negligent entrustment). For example, if the car owner knew the driver had a terrible record or was intoxicated but allowed them to drive, the owner could be held partly responsible. Additionally, many states have statutes that impose liability on the owner for any negligence by a person driving their car with permission (often called owner’s liability or “family purpose” doctrine when lending to family members). This means if you are hit by a teenage driver in their parent’s car, you might claim against both the teen (driver) and the parent (owner). Our attorneys will determine the ownership of the vehicle and evaluate any such legal provisions. Even if the owner isn’t directly at fault, they often have insurance on the vehicle that might cover the accident.

• Municipal or Government Entities: As discussed, sometimes a city or state entity could share blame. If poor road design, missing signs, or malfunctioning traffic signals contributed to the accident, the government responsible for that infrastructure could be liable. For example, if a crosswalk’s warning lights were broken and a pedestrian was hit, the city might bear some responsibility for not fixing them. Similarly, if foliage or a poorly placed bus stop obscured drivers’ view of pedestrians, a case might be made against the entity in charge of road planning or maintenance. Suing the government requires following specific procedures (notice of claim, etc.), which we handle carefully. Governments also sometimes claim immunity if the decision was a discretionary design choice. We counter that by arguing, for instance, that failing to maintain a traffic signal isn’t a discretionary policy decision, it’s negligence. Including a government in a case is complex but sometimes necessary to fully address what went wrong.

• Automotive or Parts Manufacturers: In certain cases, a defect in the vehicle might have played a role. Imagine a scenario where a driver claims they tried to brake for a pedestrian but the brakes failed due to a defect, or a vehicle suddenly accelerated due to a malfunction (so-called “sudden unintended acceleration”). If evidence supports a vehicle defect, the manufacturer (or another party in the supply chain) could be liable under product liability law. These situations are less common in everyday pedestrian accidents, but they do occur. Another example: the design of a vehicle might be such that it is especially dangerous to pedestrians (some safety advocates note that large SUVs with high front grilles cause more severe pedestrian injuries, though pursuing a design defect claim in such a context is very challenging). More concretely, if a car had a known safety recall issue (like faulty brakes or headlights) that wasn’t addressed and that issue contributed to the accident, a product liability angle might exist. We remain alert to these possibilities and, if something suggests a defect, we bring in engineering experts to examine the vehicle. If a manufacturer or repair shop is partly to blame, we won’t hesitate to add them as a defendant.

• Other Third Parties: Each case can have unique liable parties. For instance, if a bar or restaurant overserved a customer who then drove drunk and hit a pedestrian, that establishment could be liable under “dram shop” laws for contributing to the intoxication. Or if a construction company’s work forced pedestrians into the street without proper safeguards (say they closed a sidewalk but didn’t provide a safe detour), and someone was hit, the construction company could share liability for creating a hazardous situation. In areas with valet services, if a valet directs a driver into the path of pedestrians without caution, perhaps that could be a factor. The key point is we examine all facets: Was anyone else negligent in a way that set the stage for this accident?

In our practice, we cast a wide net initially. We may file claims against multiple parties and then let the investigation clarify who truly bears fault and to what degree. This ensures that no potential source of recovery is missed. It also can prevent finger-pointing deadlocks (for example, a driver and a city might each try to blame the other – by suing both, we push them to sort it out or potentially share liability). Ultimately, our aim is to secure the maximum compensation for our client, and that means identifying every party whose negligence contributed to their injuries.

Free Consultation – No Fee Unless We Win

If you or a loved one has been injured in a pedestrian accident, we understand that you are going through an incredibly difficult time. The road to recovery can be long and costly, and the insurance and legal issues can be overwhelming, especially while you or your family member are healing. You don’t have to face this fight alone. Our dedicated team of pedestrian accident lawyers is here to help you every step of the way.

We offer a free consultation to evaluate your case and advise you of your rights. In this meeting, which costs nothing and comes with no obligations, we will listen to the details of the accident, answer your questions, and give you an honest assessment of how we can assist. We’ll explain the legal process in clear terms – from dealing with insurance adjusters to filing a lawsuit if necessary – so you know what to expect. Our experience with pedestrian accident cases means we know how to overcome the challenges and maximize your compensation, whether it involves negotiating a settlement or taking the case to trial.

Crucially, you pay no fee unless we win. Our representation is on a contingency fee basis, meaning our firm’s fee is a percentage of the recovery, and only payable if we secure money for you. If we don’t win, you owe us nothing for our services. This ensures that everyone – regardless of financial situation – can afford top-quality legal representation after a serious accident. It also aligns our goals with yours: we have every incentive to fight for the highest possible compensation in your case.

Time is of the essence in these cases. Evidence can disappear and legal deadlines (statutes of limitation) apply. The sooner you have a legal team advocating for you, the better protected your rights will be. Don’t wait to get help. Contact us today for your free consultation. Let us take on the burden of dealing with insurance companies and legal complexities, so you can focus on what truly matters – your recovery and your family’s well-being. We are committed to fighting for justice on your behalf and will work tirelessly to obtain the financial security and peace of mind you deserve after such a traumatic event.

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