Can Pedestrians Sue After Being Hit by a Car?

One minute you’re walking across the street, and the next, your life is turned upside down. The shock and pain of being hit by a car are just the beginning. Soon, you’re facing a mountain of medical bills, calls from insurance companies, and the stress of being unable to work. It’s a difficult and isolating experience, and you need clear answers. The most pressing question for many is, can a pedestrian sue if hit by a car? You absolutely can, and you should. Holding a negligent driver accountable is about more than just money; it’s about getting the justice and support you need to heal and rebuild your life. This guide will explain the process and show you how to get started.

Key Takeaways

• Your health and legal deadlines come first

  : Seeking immediate medical care creates a crucial record of your injuries, and acting promptly ensures you don't miss the strict deadline for filing a lawsuit.

• Compensation is more than just medical bills

  : A successful claim should cover all your losses, including lost wages, future medical needs, and the real, human cost of your pain and suffering.

• You don't have to face the insurance company alone

  : An experienced attorney handles the complex negotiations and legal work, protecting you from lowball offers and allowing you to focus entirely on your recovery.

What Are Your Rights as an Injured Pedestrian?

If you’ve been hit by a car while walking, you’re likely feeling overwhelmed, in pain, and unsure of what to do next. It’s a traumatic experience, and the path forward can seem confusing. The most important thing to know is that you have rights. The law provides protections for pedestrians, and understanding these rights is the first step toward getting the support and compensation you need to recover.

Navigating the aftermath of an accident involves a few key things: figuring out if you have a strong case, being aware of critical deadlines, and knowing how to handle insurance companies. It’s a lot to manage, especially when you should be focused on healing. Let’s break down what you need to know about your rights so you can feel more in control. The goal is to get you the resources to cover your medical bills, lost income, and the personal impact this accident has had on your life.

Do You Have a Valid Claim?

The short answer is yes, a pedestrian can almost always sue if hit by a car. The core of a successful personal injury claim is proving that the driver was negligent or careless, and their actions led to your injuries. This could mean they were texting, speeding, failed to yield at a crosswalk, or were otherwise not paying attention. If a driver's mistake caused you harm, you have the right to hold them accountable.

Don't make the mistake of assuming you don't have a case, especially if the details seem complicated. Many people second-guess themselves, but the law is designed to protect vulnerable parties like pedestrians. If your injuries are severe and require ongoing medical care or have changed your ability to work and live your life, you absolutely have grounds to seek compensation.

Know Your State's Deadlines

After an accident, time is not on your side. Every state has a law called the "statute of limitations," which sets a strict deadline for filing a lawsuit. This time limit varies depending on where you live, whether it's New Jersey, New York, Massachusetts, or Florida. If you miss this deadline, you unfortunately lose your right to sue forever, no matter how strong your case is.

This is why it’s so important to act quickly. Insurance companies are aware of these deadlines and sometimes drag out negotiations, hoping you’ll run out of time. Speaking with an attorney soon after your accident ensures all necessary paperwork is filed correctly and on time. This protects your right to pursue compensation for injuries from car and truck accidents and gives you the best chance at a fair outcome.

Your Rights When Dealing with Insurance

Soon after the accident, you will likely hear from an insurance adjuster. It’s critical to remember that their job is to protect their company’s bottom line, not to help you. The initial settlement offer they present will probably only cover your immediate "economic losses," like medical bills and some lost wages. They will tell you this is a fair offer, but it rarely is.

What insurance companies don't want to pay for are your "non-economic losses"—the very real human cost of the accident. This includes your physical pain and suffering, emotional distress, and any long-term reduction in your quality of life. To get fair compensation for these damages, you often need to take legal action. An experienced attorney can handle all communications with the insurance company and fight for a settlement that truly covers the full impact the accident has had on you and your family.

What Kind of Compensation Can You Receive?

If you’ve been injured in a pedestrian accident, you’re likely facing a mountain of unexpected costs. The goal of a personal injury claim is to secure compensation—often called "damages"—to cover these losses and help you rebuild. This isn't about a windfall; it's about making you whole again by addressing the financial, physical, and emotional toll the accident has taken on your life. Understanding what you can claim is the first step toward getting the support you deserve.

Compensation is typically broken down into two main categories. The first is "economic damages," which cover the tangible, out-of-pocket costs you can track with receipts and bills. Think medical expenses, lost paychecks, and property damage. The second is "non-economic damages," which are meant to compensate you for the intangible but very real suffering you've endured, like pain, emotional distress, and a reduced quality of life. Insurance companies often focus only on the economic side, but a comprehensive claim should account for both. An experienced attorney can help you identify and calculate all the damages you're entitled to, ensuring nothing is overlooked during this difficult time.

Covering Medical Bills and Future Care

Medical costs are often the most immediate and overwhelming burden after an accident. Compensation is designed to cover every aspect of your medical care, starting from the moment of the incident. This includes the ambulance ride, emergency room visit, hospital stays, surgeries, and any diagnostic tests like X-rays or MRIs.

Beyond the initial treatment, a settlement or verdict should also account for your future medical needs. Many injuries require long-term care. This can include ongoing physical therapy, prescription medications, follow-up appointments with specialists, and even necessary medical equipment for your home. For catastrophic injuries, this could mean a lifetime of care, and your compensation should reflect that.

Recovering Lost Wages

Being unable to work while you recover can put a huge strain on your finances. You have the right to be reimbursed for the income you've lost because of your injuries. This includes salary, wages, bonuses, and any other benefits you missed out on while you were away from your job. You’ll need to provide documentation like pay stubs or employment records to prove these losses.

In more serious cases, your injuries might permanently affect your ability to do your job or work at all. If this happens, you can seek compensation for "loss of future earning capacity." This calculation projects the income you would have earned over your lifetime if the accident hadn't happened, providing crucial financial stability for you and your family.

Compensation for Pain and Suffering

Some of the most significant impacts of an accident aren't visible on a bill. Compensation for pain and suffering addresses the physical pain and emotional trauma you've experienced. This includes the chronic pain from your injuries, as well as the mental anguish, anxiety, depression, and loss of enjoyment of life that often follow a traumatic event.

Because these damages are subjective, they can be difficult to quantify. Insurance companies often try to minimize them. This is where a skilled attorney becomes invaluable. We work to demonstrate the true extent of your suffering to ensure you receive fair compensation for the profound, personal impact the accident has had on your life.

Getting Reimbursed for Damaged Property

While your physical recovery is the top priority, you can also be compensated for any personal property that was damaged or destroyed in the accident. This is a straightforward part of your claim that covers the cost of repairing or replacing your belongings.

Common examples include a shattered smartphone, a broken laptop that was in your backpack, torn clothing, or smashed eyeglasses. While these items may seem minor compared to your medical bills, their costs add up. Be sure to keep any damaged items and receipts for their replacement, as this will help you get fully reimbursed for your property losses.

What to Do Immediately After Being Hit by a Car

The moments after an accident are chaotic and overwhelming. It’s tough to think clearly when you’re in pain and shock. Following these steps can help protect your health and your legal rights.

Protect Your Health and Safety First

Your first and most important priority is your well-being. Call 911 immediately, even if you feel your injuries are minor. Adrenaline can mask serious pain, and what seems like a small scrape could be a sign of a more significant internal injury. Don't try to be tough or "walk it off." Getting checked out by paramedics or at an emergency room creates an official medical record that links your injuries directly to the accident. This documentation is a critical first step in protecting your rights and building a potential personal injury claim. Your health comes first, always.

Document Everything

While you wait for help to arrive, make sure every detail is recorded. When the police and paramedics get there, give them a full account of what happened and describe every single pain you feel. Point out all your cuts, scrapes, and bruises, no matter how small they seem. This information will go into the official police report and medical records. These documents serve as unbiased, third-party accounts of the incident and your condition right after it happened. This official paper trail is incredibly valuable later on, as it provides clear evidence of the harm you suffered at the scene of the accident.

Gather Key Evidence at the Scene

If you are physically able to, use your phone to become your own investigator. Take pictures of everything: the car that hit you (including the license plate), the damage to the vehicle, your injuries, any property damage, and the surrounding scene. Capture photos of traffic signals, crosswalks, and street signs. If there were people who saw what happened, ask for their names and phone numbers. A witness's account can be incredibly powerful. Also, get the driver's name, contact information, and insurance details. Gathering this evidence on the spot helps build a strong foundation for any car accident claim you may need to file.

How to Speak with Insurance Adjusters

Soon after the accident, you will likely get a call from an insurance adjuster. Be very careful. The adjuster’s job is to protect the insurance company’s bottom line, which often means paying out as little as possible. They may sound friendly, but they are trained to ask questions that could get you to downplay your injuries or accidentally admit partial fault. You are not required to give them a recorded statement. It’s best to provide only basic information and avoid discussing the details of the accident or your injuries. The safest approach is to let an attorney handle all communications with insurance companies. This prevents you from saying something that could unintentionally hurt your case.

How Is Fault Determined in a Pedestrian Accident?

After a pedestrian accident, one of the first questions that needs an answer is, "Who was at fault?" In legal terms, this comes down to proving that the driver’s carelessness, or negligence, caused your injuries. If you can show the driver was at fault, you have the right to sue for compensation. However, determining fault isn't always a simple, clear-cut process. It involves a careful look at the evidence and the specific actions of everyone involved. Insurance companies will conduct their own investigation, but their goal is to pay out as little as possible. This is why understanding how fault works is a critical first step in your personal injury claim.

What if You Were Partially at Fault?

It’s possible for more than one person to be responsible for an accident. If you were found to be partially at fault, it doesn’t automatically mean you can’t receive any compensation. Most states, including New Jersey, New York, Massachusetts, and Florida, use a system called "comparative negligence." This means your total compensation award is simply reduced by your percentage of fault. For example, if you were found to be 10% at fault for the accident, your final settlement would be reduced by 10%. The driver’s insurance company and legal team will often try to place as much blame on you as possible to lower their payout, so it's important to have someone on your side to protect your rights.

Understanding Driver and Pedestrian Duties

Both drivers and pedestrians have a responsibility to act safely and follow traffic laws. Drivers, however, are operating multi-ton vehicles and have a higher duty of care to watch out for vulnerable people on the road, including pedestrians. A driver must yield the right-of-way to a pedestrian in a crosswalk. In many situations, a driver is expected to do everything possible to avoid a collision, even if a pedestrian is crossing outside of a crosswalk. At the same time, pedestrians are expected to use marked crosswalks when available, obey traffic signals, and avoid darting out into traffic. An investigation will look at whether each party fulfilled their duties.

When Multiple People Are Responsible

Sometimes, fault is shared between you and the driver. For instance, a driver might have been speeding, but the pedestrian may have been looking at their phone while crossing the street. In these cases, a court or the insurance companies will weigh the evidence to assign a percentage of blame to each person. The more fault assigned to you, the less money you may be able to recover for your injuries. This is why collecting evidence like photos from the scene, witness statements, and the official police report is so crucial. An attorney can help piece together this evidence to build the strongest argument in your favor and ensure the blame is placed where it belongs.

Common Arguments the Other Side May Use

Be prepared for the driver’s insurance company to look for reasons to blame you for the accident. Their goal is to minimize their financial responsibility. Some common arguments they might use include claiming that you:

• Were jaywalking or crossing against the traffic signal.

• Suddenly ran out into the street, leaving the driver no time to stop.

• Were distracted by your phone or wearing headphones.

• Were in a place where pedestrians are not allowed.

• Were wearing dark clothing at night, making you difficult to see.

Anticipating these arguments is key to building a strong case that clearly shows how the driver’s actions led to your injuries.

How to Build a Strong Case

After an accident, putting together a legal claim can feel like a massive undertaking, but it’s really about telling a clear and factual story of what happened. By gathering the right information from the very beginning, you create a solid foundation for your case. Each piece of evidence, from a photo at the scene to a doctor’s note, helps demonstrate the impact the accident has had on your life. Taking these steps methodically ensures that you are in the strongest possible position to secure the compensation you need to recover.

The Evidence You'll Need to Collect

The moments after an accident are chaotic, but the information you gather can be crucial. If you are able, start by documenting everything. Use your phone to take pictures and videos of the scene, including the vehicle, your injuries, street signs, and any road conditions. Get the driver’s name, contact information, and insurance details. It’s also important to speak with anyone who saw what happened and ask for their contact information; witness testimony can be incredibly powerful. Finally, make sure a police report is filed and you get a copy. This official document is a key piece of evidence for any personal injury claim.

The Role of Medical Records and Experts

Your health is the top priority, so see a doctor or go to the emergency room right away, even if you feel fine. Some injuries don’t show symptoms for hours or even days. Seeking immediate medical care creates an official record that links your injuries directly to the accident. These medical records are vital evidence, providing a detailed account of your diagnosis, treatment plan, and recovery costs. For more severe cases involving spinal cord injuries or long-term care, an attorney can work with medical experts to project future costs and explain the full extent of your non-economic damages, like pain and suffering, which don’t come with a simple price tag.

What to Expect During Negotiations

Most pedestrian accident cases are resolved through negotiations with an insurance company, not in a courtroom. It’s important to remember that insurance companies often try to pay as little as possible to protect their bottom line. Their first settlement offer is rarely their best one. You should never feel pressured to accept an offer, especially early on. An experienced lawyer can handle all communications with the insurance adjuster, present a demand that reflects the true value of your claim, and negotiate for a fair settlement. Having a professional manage these discussions protects you from lowball offers and ensures your rights are represented during car and truck accidents cases.

Preparing for the Possibility of a Trial

While the goal is often to reach a fair settlement without going to court, preparing for a trial from the start gives you the most leverage. When an insurance company sees that you and your attorney are ready and willing to take the case before a judge and jury, they are more likely to negotiate in good faith. Preparing for trial involves organizing all your evidence, documenting your losses, and building a compelling argument. A personal injury lawyer uses this preparation to fight for you, whether at the negotiating table or in the courtroom, so you can focus on what matters most—your recovery.

What if Your Case Isn't Straightforward?

Pedestrian accidents are rarely simple, but some situations can feel especially tangled. You might be dealing with a driver who fled the scene, a government vehicle, or a driver with no insurance. These complexities can make an already stressful situation feel impossible, but it’s important to know that you still have rights and potential paths to compensation. Understanding how to handle these specific challenges is the first step toward protecting yourself and your claim. Below, we’ll walk through some of the most common complex scenarios and what you can do in each one. While these cases require careful legal strategy, they are far from hopeless. With the right approach, you can hold the responsible parties accountable and secure the resources you need to recover from your personal injury.

Accidents Involving Government Vehicles

If you were hit by a city bus, a mail truck, or any other government-owned vehicle, the process for filing a claim is different. These cases are more complex because of sovereign immunity laws, which often protect government entities from lawsuits. However, this protection isn't absolute. There are important exceptions, and you can still pursue a claim if the government employee was negligent in their duties. The rules and deadlines for filing a claim against a government body are much stricter and shorter than in standard personal injury cases. It is critical to act quickly and consult with an attorney who understands the specific procedures required to hold a government agency accountable for your injuries.

What to Do in a Hit-and-Run

A hit-and-run accident is a terrifying experience that can leave you feeling helpless. If the driver flees the scene, your first priority is to report the accident to the police immediately. Gather as much information as you can, including statements from any witnesses and any details you remember about the vehicle, no matter how small. From there, you should file a claim with your own insurance company. Your policy may include uninsured motorist coverage, which is designed to cover your damages in situations just like this. Even if the driver is never identified, this coverage can help pay for your medical bills and lost wages after a serious car or truck accident.

When the Driver Has No Insurance

Discovering the driver who hit you is uninsured adds another layer of stress to your recovery. Fortunately, you still have options. The first place to look is your own auto insurance policy. If you have uninsured motorist coverage, you can file a claim with your own provider to cover your expenses. Another option is to sue the driver personally, but collecting a settlement can be difficult if they do not have significant assets. An experienced attorney can help you explore every avenue for compensation, including navigating complex insurance disputes and PIP arbitrations to ensure your medical bills are paid.

Accidents with Uber or Lyft

Accidents involving rideshare drivers from companies like Uber or Lyft can be complicated. While you can sue the driver directly, you may also be able to file a claim with the rideshare company's insurance. These companies carry large liability policies, but whether that coverage applies depends on what the driver was doing at the time of the crash. For example, the available coverage is different if the driver was waiting for a ride request versus actively transporting a passenger. Determining which insurance policy is responsible requires a thorough investigation into the specifics of your case. An attorney can help untangle these details to ensure you pursue compensation from all available sources.

How a Personal Injury Attorney Can Help

After an accident, the idea of hiring a lawyer can feel intimidating. You’re focused on healing, not legal battles. But the right attorney doesn’t add to your stress—they take it away. A dedicated legal partner handles the complexities of your case so you can focus on recovery. They become your advocate, your guide, and your shield against insurance companies that don’t have your best interests at heart. From investigating the accident to fighting for the full compensation you deserve, a lawyer is your most powerful asset.

Why You Should Contact a Lawyer Early

The best time to contact a personal injury lawyer is as soon as possible after you’ve received medical attention. Evidence can disappear quickly, and witness memories can fade. An attorney can immediately start preserving crucial information for your case. They will also handle all communications with the insurance companies, protecting you from saying something that could be used against you later. Getting legal guidance early on ensures your rights are protected from the very beginning and sets your claim up for the best possible outcome. It gives you a clear path forward during a confusing and difficult time.

How Do Attorney Fees Work?

Many people worry about the cost of hiring a lawyer, but most personal injury firms, including ours, work on a contingency fee basis. This means you pay nothing upfront. We only get paid if we win your case, either through a settlement or a court verdict. Our fee is a percentage of the compensation we recover for you. This approach allows everyone to access high-quality legal representation, regardless of their financial situation. A skilled lawyer is focused on getting you a fair settlement that covers all your costs, from medical bills to lost wages, ensuring you have the resources you need to move forward.

What the Settlement Process Looks Like

The legal process can seem complicated, but your attorney will guide you through every step. It starts with a thorough investigation of your accident. We gather police reports, witness statements, medical records, and any other evidence to build a strong case. To be successful, we need to prove that you were injured, that the other party’s negligence caused the accident, and the extent of your physical and emotional damages. Once we have a solid foundation, we’ll handle all negotiations with the insurance company. Most car and truck accident cases are resolved through a settlement, but we are always prepared to go to trial if that’s what it takes to get you fair compensation.

Securing Your Long-Term Future

A fair settlement should cover more than just your immediate bills. It needs to account for your long-term well-being. This includes future medical treatments, physical therapy, and any necessary home modifications. If your injuries affect your ability to work, we fight for compensation for lost earning capacity. We also work to place a value on your non-economic losses, like pain and suffering, which don't come with a price tag. An experienced lawyer understands how to calculate the true cost of a serious injury, like a spinal cord injury, to ensure your financial future is secure and you can focus on rebuilding your life.

Common Roadblocks and How to Handle Them

After an accident, your main focus should be on getting better. But the path to getting fair compensation can have a few bumps. Insurance companies have their own priorities, evidence can be hard to track down, and legal deadlines can sneak up on you. It’s a lot to handle when you’re already dealing with an injury. The good news is that these challenges are common, and you don’t have to face them alone. Knowing what to expect is the first step in protecting your rights and building a strong case.

Dealing with Insurance Company Tactics

It’s important to remember that insurance companies are for-profit businesses, and their goal is often to resolve your claim for the lowest amount possible. You might get a call from an adjuster very quickly with a settlement offer. While it can be tempting to accept, these initial offers are frequently too low and may only cover your immediate medical bills. They rarely account for future treatments, lost income, or the pain and suffering you’ve endured. To get compensation for these non-economic losses, you often have to negotiate firmly or file a personal injury claim. Always be careful what you say to an adjuster, and never feel pressured to accept an offer before you understand the full extent of your damages.

What if Evidence is Hard to Find?

In the chaotic moments after an accident, gathering evidence is probably the last thing on your mind. You might be too injured to take photos or get witness information. That’s completely understandable. While evidence like security camera footage and witness accounts can be crucial, it isn’t lost forever just because you couldn’t collect it at the scene. A legal team can step in to preserve critical evidence. They can send official requests for video from nearby businesses, obtain the official police report, and contact witnesses on your behalf. The key is to act quickly, as businesses often record over their security footage after a short period.

Staying on Top of Important Deadlines

The law puts a time limit on your right to file a lawsuit, known as the statute of limitations. This deadline varies by state and the type of claim, but if you miss it, you could lose your ability to seek compensation forever. Insurance companies are aware of these deadlines and may sometimes drag out negotiations, hoping you’ll run out of time. That’s why it’s so important to understand the timeline that applies to your case from the very beginning. Speaking with an attorney soon after your accident ensures all necessary paperwork is filed correctly and on time, protecting your right to pursue the compensation you deserve.

Untangling Complex Liability

Figuring out who was at fault in a pedestrian accident isn't always straightforward. The other side’s insurance company will likely investigate the incident to find ways to place some, or all, of the blame on you. They might argue you were distracted or crossed the street improperly. In many states, you can still recover money even if you are found to be partially at fault, but your compensation will be reduced by your percentage of fault. An experienced attorney can anticipate these arguments, analyze the evidence from your car or truck accident, and build a strong case demonstrating the driver's negligence.

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Frequently Asked Questions

What if I was partially at fault for the accident, like if I was crossing outside of a crosswalk? This is a very common concern, but it doesn't automatically prevent you from receiving compensation. States like New Jersey, New York, Massachusetts, and Florida use a system called "comparative negligence." This means that if you are found to be partially responsible, your final compensation award is simply reduced by your percentage of fault. Drivers have a significant duty to be aware of their surroundings, so even if you weren't in a designated crosswalk, the driver may still hold the majority of the blame.

How much is my pedestrian accident case actually worth? There is no simple calculator for this, as every case is unique. The value depends on several factors, including the severity of your injuries, the total cost of your medical bills (both past and future), the amount of income you've lost from being unable to work, and the impact the accident has had on your quality of life. An experienced attorney can evaluate all of these elements to determine the full and fair value of your claim and fight for a settlement that truly reflects what you've been through.

The driver's insurance company already offered me a settlement. Should I just take it? You should be very cautious with early settlement offers. Insurance adjusters are trained to resolve claims for as little money as possible, and their first offer rarely covers the full extent of your damages, especially future medical needs or pain and suffering. Accepting an offer too soon means you give up your right to seek any further compensation. It's best to have any offer reviewed by an attorney to ensure it's fair before you sign anything.

How long will it take to resolve my case? The timeline for a personal injury claim can vary widely. A straightforward case might settle in a few months, while a more complex one that involves severe injuries or disputes over fault could take a year or longer, especially if it goes to trial. The process involves gathering evidence, calculating damages, and negotiating with the insurance company. While the goal is to resolve your case efficiently, the priority is always to secure the best possible outcome for you, not the fastest one.

I'm already dealing with medical bills, so how can I afford to hire a lawyer? This is a valid worry, which is why most personal injury attorneys work on a contingency fee basis. This means you don't pay any fees upfront. Your lawyer's fee is a percentage of the settlement or verdict they win for you. If you don't receive any compensation, you don't owe any attorney fees. This model allows you to get expert legal help without any financial risk, so you can focus on your recovery.