Getting hit by a car is scary, and dealing with everything afterwards can be just as overwhelming. Medical bills pile up, injuries take time to heal, and insurance companies may try to settle for less than what you need. If someone else caused the accident, you might be wondering: Can I sue? The short answer is yes, but there are a few things you need to know first.
Who’s Responsible for a Pedestrian Accident?
In most cases, the driver is responsible when a pedestrian is hit, but it’s not always that simple. Figuring out who’s at fault depends on things like traffic laws, right-of-way rules, and whether the driver or pedestrian was being careless.
Drivers are usually at fault if they:
- Run a red light or stop sign
- Fail to yield at a crosswalk
- Speed or drive recklessly
- Get distracted (texting, eating, or adjusting the radio)
- Drive under the influence of drugs or alcohol
But pedestrians can also be found at fault if they:
- Cross outside of a crosswalk (jaywalking)
- Walk into traffic suddenly
- Ignore traffic signals
Sometimes, both the driver and pedestrian share responsibility. For example, if a pedestrian crosses the street outside a crosswalk, but the driver was speeding, both could be considered partially at fault. In these situations, the amount of money a pedestrian can receive in a lawsuit depends on how much blame is assigned to each person. Ultimately, this should be looked at by a legal professional working for a reputable firm like DeShaw Law, as they’ll have a more in-depth understanding of the law and be able to better determine if you’re eligible for compensation.
When Can You Sue for a Pedestrian Accident?
If you were injured because of someone else’s negligence, you have the right to sue for damages. “Negligence” means the driver wasn’t being as careful as they should have been. To win a lawsuit, you (or your lawyer) have to prove:
- The driver had a duty to be careful – Drivers must follow traffic laws and watch for pedestrians.
- They didn’t follow that duty – Maybe they were speeding, distracted, or didn’t stop for you.
- That failure caused the accident – If they had been paying attention, the crash wouldn’t have happened.
- You suffered real harm – You must have injuries, medical bills, lost wages, or other damages.
If all these things are true, you have a strong case.
How Much Can You Get from a Lawsuit?
The amount of money you can get depends on the severity of your injuries and other losses. In most pedestrian accident cases, victims can sue for:
- Medical expenses – Hospital bills, doctor visits, physical therapy, and even future medical costs.
- Lost wages – If your injuries keep you from working, you can be compensated for lost income.
- Pain and suffering – This covers physical pain, emotional distress, and how the accident affects your daily life.
- Property damage – If anything you were carrying (like a phone or bag) was damaged in the crash.
If the driver was extremely reckless-like driving drunk or speeding in a school zone-you might also be able to get punitive damages, which are meant to punish them and prevent similar behavior. If you’re unsure what compensation you might be eligible for, speaking with a legal professional-such as an Odessa personal injury lawyer-can help you better understand your options based on your unique situation. Every case is different, and having local legal guidance can make a real difference in navigating the claims process.
Why You Should Consider a Lawyer
Suing after a pedestrian accident isn’t always straightforward. Insurance companies often try to blame the pedestrian to avoid paying a fair settlement. This is where having a lawyer can make a huge difference. A legal expert will gather evidence, negotiate with insurance companies, and fight for the maximum compensation you deserve.
If you need professional help, a pedestrian accident law firm can guide you through the legal process and handle all the complicated parts of your case. Having an experienced lawyer on your side means you can focus on healing while they work on getting you the best possible outcome.
What If You Were Partially at Fault?
Even if you were jaywalking or not paying attention, you might still be able to sue. In many states, the law allows for comparative negligence, which means both parties can share blame, and your compensation is reduced based on your percentage of fault.
For example, if you were found to be 20% at fault for the accident and the total damages were $100,000, you would still receive $80,000. Some states have stricter laws, though, and if you’re more than 50% at fault, you might not be able to sue at all. This is another reason why having a lawyer is important-they can help prove that the driver was mostly responsible.
What’s the Deadline for Filing a Lawsuit?
Every state has a statute of limitations, which is a deadline for filing a lawsuit. In New York, for example, you generally have three years from the date of the accident to sue. If a pedestrian accident results in death, the victim’s family has two years to file a wrongful death lawsuit.
Missing this deadline usually means you lose your right to sue, no matter how strong your case is. The sooner you take action, the better your chances of gathering solid evidence and building a strong case.
What to Do After a Pedestrian Accident
If you’re ever hit by a car, here’s what you should do right away:
- Get to safety – Move out of the street if possible, but don’t ignore serious injuries.
- Call 911 – A police report and medical help are important, even if you feel okay.
- Gather evidence – Take pictures, get witness contact info, and write down what happened.
- Don’t admit fault – Even saying “I didn’t see the car” could be used against you later.
- See a doctor – Some injuries show up hours or days later, so get checked out.
- Talk to a lawyer – They’ll help protect your rights and make sure you get fair compensation.
Final Thoughts
If you’ve been injured in a pedestrian accident, you don’t have to handle everything alone. Whether you’re dealing with medical bills, lost wages, or an uncooperative insurance company, knowing your rights is the first step.
You can sue if someone else’s negligence caused your injuries, and even if you were partially at fault, you may still be entitled to compensation. A good lawyer can help you understand your options and fight for what you deserve.
The most important thing? Don’t wait too long to take action. The sooner you start, the stronger your case will be.