Can A Pedestrian Hit By A Car Get Compensation?

If you’ve been in an accident with a pedestrian, we can help you in and out of court.

Imagine the shock and pain of being struck by a car while simply walking down the street. As a pedestrian, you have the right to feel safe, but sadly, accidents caused by negligent drivers can shatter that sense of security in an instant. It’s natural to feel overwhelmed and unsure of where to turn for help. Do you have any legal recourse? The answer is yes, pedestrians hit by a car can get compensation if another driver’s careless and negligent behavior led to the collision that caused their injuries.

If you or a loved one has been seriously injured after being hit by a car, you may be facing a long road to recovery filled with mounting medical bills, lost wages, and emotional trauma. The good news is that you don’t have to face this difficult time alone. An experienced Long Island personal injury lawyer can help you understand your legal rights and explore your options for pursuing the financial support you need and deserve.

Proving Negligence in a Pedestrian Accident Case

Most car accidents involving pedestrians that result in legal cases rely on a theory of negligence. In other words, the injury victims must prove that the driver or other parties are liable for their injuries because their negligence caused the crash.

An injured pedestrian must prove the following four elements of negligence to support their claims for compensation.

Duty

All drivers owe a duty of reasonable care to other drivers, passengers, pedestrians, and others on the road when they operate motor vehicles. This legal duty requires drivers to follow traffic laws and drive in a generally safe manner for the benefit of others.

Violation of Duty

When a person drives in a way that is reckless or careless and causes a collision, that person may have violated the legal duty of care. Likewise, violating traffic laws or rules can be strong evidence of a violation of the breach of duty.

Common examples of negligence in car crashes including pedestrian accidents include failing to stop at stop signs or red lights, speeding, and driving while intoxicated.

Proximate Cause

Pedestrian car accident injury victims also must prove that the breach of duty by the driver directly led to the crash that caused their serious injuries. In other words, they must provide evidence that if the driver had not been negligent in driving, they would not have suffered injuries. There must be a clear connection between the collision and your injuries.

Damages

Finally, pedestrian accident victims must show evidence that they suffered injuries in the collision. Injury victims can document their injuries through medical bills, medical records, photographs, video footage, and other forms of evidence.

Parties who May Be Responsible for a Pedestrian Crash

In many cases, the liable party is the driver who caused the collision. However, if a crash involves multiple vehicles, one or more of the drivers could be at fault. As a result, more than one person may be liable for your injuries in a pedestrian collision.

Third parties also may have liability when drivers strike and injure pedestrians. For instance, if the driver was working at the time of the collision, such as a commercial delivery driver or a bus driver, the driver’s employer may share liability for the resulting injuries. An employer is generally responsible for the acts of its employees, even if the employees are negligent.

Government entities also might be responsible for their negligent employees who cause a collision while driving on the job. Like private companies, government entities can share liability for the acts of their employees.

Common Pedestrian Accident Injuries

Pedestrians are incredibly vulnerable when struck by a vehicle, often resulting in severe injuries such as:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Broken bones
• Internal organ damage
• Lacerations and contusions
• Amputation or disfigurement

These injuries can lead to extensive medical treatment, lengthy recovery times, and significant financial burdens.

Types of Compensation Available for Injured Pedestrians

Lawsuits against drivers and other parties for injuries that you suffer in a pedestrian crash can include various items related to your injuries. Some common examples of damages in personal injury cases can include:

• Expenses for emergency medical services, hospitalization, surgery, rehabilitation, and other forms of medical treatment
• Lost income if your injuries make you unable to work
• Permanent scarring, disfigurement, and physical impairments
• Emotional distress
• Pain and suffering
• Wrongful death damages if your loved one passed away from the accident

We can help you seek all available damages in your case, depending on the nature and extent of your injuries. A pedestrian hit by a car can get compensation for various accident-related losses, which may differ from one case to the next.

Time Limits on Filing Pedestrian Injury Cases