Pedestrian Right of Way Laws
Pedestrians enjoy substantial legal protection under traffic laws in every state. Drivers must yield to pedestrians in marked crosswalks, at intersections, and in many other circumstances. When a pedestrian is struck by a vehicle, the driver is almost always at least partially at fault for failing to exercise due care.
However, pedestrians also have duties under traffic laws. They must obey traffic signals, use crosswalks where available, and avoid suddenly entering roadways where drivers cannot reasonably stop. Violations of these duties may trigger comparative negligence, reducing but not necessarily eliminating recovery.
Proving Driver Negligence
Pedestrian accident cases typically involve clear driver negligence such as speeding, distracted driving, failure to yield, running red lights, or driving under the influence. Evidence proving negligence includes police reports, eyewitness testimony, surveillance footage, cell phone records showing distraction, and accident reconstruction analysis.
Because pedestrian accidents often occur in urban areas, surveillance cameras from nearby businesses, traffic cameras, and dashcams may capture the collision. An attorney should promptly identify and preserve this footage before it is overwritten. Witnesses should be interviewed while memories are fresh.
Common Pedestrian Injuries
Pedestrians lack any protection against vehicle impacts, resulting in severe injuries even at low speeds. Common injuries include fractures of the legs, pelvis, and ribs, traumatic brain injuries from head impacts, spinal cord injuries, internal organ damage, and degloving injuries from being dragged along the roadway. Fatalities are tragically common, particularly in accidents involving larger vehicles or high speeds.
Insurance Issues in Pedestrian Cases
If the at-fault driver lacks insurance or carries insufficient coverage, pedestrians may access their own auto insurance policies. Uninsured and underinsured motorist coverage on your household auto policy often covers pedestrian accidents, even when you were not in a vehicle. Personal injury protection or medical payments coverage may also apply.
If you do not own a vehicle, some states have assigned risk pools or motor vehicle accident funds that provide limited benefits to injured pedestrians. An attorney can identify every available source of coverage to ensure you receive full compensation.
Protecting Your Claim
After a pedestrian accident, seek immediate medical attention even if you believe you are uninjured. Adrenaline and shock mask symptoms that may appear hours or days later. Document the accident scene with photographs if possible, and obtain contact information from witnesses. Do not speak with the driver's insurance company without legal counsel, as they may attempt to assign fault to you for jaywalking or inattention.
