Pedestrian accident intake

Estimates only. Pedestrian accident damages depend on specific facts, insurance limits, and jurisdiction. Always consult a personal injury attorney. See our full disclaimer.

Pedestrian accident claim intake

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Pedestrian accident claims - what you need to know

Pedestrians have the right of way at marked crosswalks in virtually every state. When a driver fails to yield to a pedestrian in a crosswalk, liability is typically clear and straightforward. Even at unmarked intersections, drivers have a duty to watch for and yield to pedestrians. Mid-block crossings are more complicated - comparative fault often applies when a pedestrian crosses outside a crosswalk.

The severity of pedestrian injuries typically dwarfs standard auto accident injuries. A vehicle weighing 3,000 pounds or more striking an unprotected pedestrian at even 20 mph can cause massive trauma. Orthopedic injuries, brain injuries, and internal injuries requiring multiple surgeries are common. This severity drives settlement values significantly above comparable car-on-car accidents.

Hit and run pedestrian accidents

If the driver fled, you still have options. Your own auto insurance uninsured motorist (UM) coverage applies to hit-and-run pedestrian accidents in most states, even though you weren't in a vehicle. If you don't have auto insurance, a family member's policy in your household may cover you. Some states also have uninsured motorist funds for exactly this situation. Contact an attorney immediately - the police investigation and any available surveillance footage need to be pursued aggressively.

Commercial and fleet vehicles

If you were hit by a commercial truck, delivery vehicle, or bus, the corporate employer is vicariously liable for the driver's negligence. These defendants carry substantial commercial insurance policies - often $1 million or more - which is far above the typical personal auto policy limit. See the truck accident settlement calculator for commercial vehicle-specific estimates.

Frequently asked questions

Comparative fault applies. Crossing mid-block (jaywalking) may reduce your recovery by your percentage of fault, but it doesn't eliminate your claim. Drivers still have a duty to watch for pedestrians and avoid hitting them. If the driver was speeding, distracted, or impaired, their fault percentage is likely still much higher than yours even if you were crossing outside a crosswalk. An attorney assesses the comparative fault allocation based on the specific accident circumstances.

Your own UM/UIM coverage may apply even as a pedestrian, depending on your state. A household family member's auto policy may also cover you. If the accident happened on someone else's property (a parking lot, a driveway), premises liability against the property owner may be available. If the driver was working at the time (delivery, rideshare, commercial), the employer's commercial policy provides much higher limits. An attorney investigates all available insurance sources beyond the at-fault driver's personal policy.

Yes. Uninsured motorist coverage specifically covers hit-and-run accidents where the driver can't be identified. If you have UM coverage on your own auto policy or are covered under a household member's policy, you file against your own insurer for the hit-and-run. Requirements vary by state - some require reporting to police within a specific timeframe and in some states physical contact with the vehicle must be established. Contact an attorney and file a police report immediately after any hit-and-run accident.

If physically able: photograph the vehicle, license plate, the scene, your injuries, skid marks, and any traffic signals or signs. Get the driver's name, insurance, and phone number. Get contact information from witnesses before they leave - this is critical and often impossible to recover later. Note the time, weather, lighting, and any observations about the driver's behavior. Seek emergency medical care immediately. Your attorney will handle preserving surveillance footage and police reports, but witness information gathered at the scene can make or break a case.

Personal injury SOLs apply, typically 2 to 3 years. Government entity claims (if you were hit by a city bus or on government property) require tort claims notices within 60 to 180 days. Hit-and-run UM claims may have shorter reporting requirements under your insurance policy. Contact an attorney as soon as your medical condition allows - evidence preservation and insurance notice requirements are time-sensitive from day one.