The screech of tires, the thud of impact – in an instant, your world turns upside down. Every two hours, a pedestrian hit by a car becomes a fatality in the United States. If you’re reading this, it’s likely you or someone you know is either part of or has just narrowly avoided becoming part of this grim statistic.

Immediate Steps After Being Hit

Ensure Your Safety

The first thing to do immediately after being hit is to try to get out of any further harm’s way. If you can move, get to a safe location away from traffic. If you can’t move, try to remain calm and wait for help to arrive – call for help if possible, and get people’s attention. Call 911 immediately, or if you can’t do so, ask a bystander to make the call for you.

Seek Medical Attention

Unless it’s a very minor collision, always get examined by a medical professional after getting in an accident. Adrenaline, concussions, and shock can cloud your judgment of damage to your body, and many conditions are mostly invisible to the sufferer, such as internal injuries and bleeding.

Hidden injuries like internal bleeding or concussions also often have delayed onset symptoms but can be too late to treat them if not dealt with quickly.

Common hidden injuries in a pedestrian hit by car scenario include:

• Traumatic brain injuries
• Spinal cord injuries
• Internal organ damage
• Fractures, especially in the legs and hips

 

Don’t brush off medical care thinking you’re “tough” or to avoid inconvenience. Your health – and potentially your legal case – depends on proper documentation and treatment of your injuries.

Document the Scene

If you’re able and it’s safe to do so, you should try to document the scene. This will be very useful in any insurance claim or legal action you pursue. With the ubiquity of smartphones today, it’s easy to take excellent photos yourself or get a bystander to do it and send them to you if you’re unable or your phone is broken. Here’s what to do:

1. Take photos: Capture images of the vehicle that hit you, the surrounding area, and any visible injuries you’ve sustained. Don’t forget to photograph skid marks, traffic signs, and weather conditions.
2. Gather witness information: Get names and contact details of anyone who saw the accident. Their accounts can be crucial in establishing what happened.
3. Get driver’s information: Obtain the driver’s name, contact information, insurance details, and license plate number. If the driver flees the scene, try to remember as much as you can about the vehicle and report it to the police immediately.

 

Remember, your safety comes first. Don’t put yourself in danger trying to gather information. If you’re seriously injured, always get medical help first and let the police handle evidence collection.

Legal Rights of Pedestrians

If you’ve been involved in an auto pedestrian accident, it’s important to know your rights. Let’s break down the legal jargon to better understand what you can do:

Right of Way Laws

In most situations, pedestrians have the right of way. Drivers are legally obligated to yield to pedestrians at crosswalks, intersections, and in many other cases. 

However, pedestrians also have responsibilities. You’re required to obey traffic signals and use designated crosswalks when available. That’s why things like jaywalking and similar dangerous street crossings can complicate matters.

Driver Responsibilities

Drivers have a duty of care towards pedestrians. This means that more of the legal burden of responsibility for accidents falls on their shoulders should the worst occur. This includes but is not limited to:

• Yielding to pedestrians in crosswalks
• Exercising caution in areas where children are likely to be present
• Maintaining a safe speed and being prepared to stop
• Avoiding distracted driving (e.g., using a cell phone)

Potential Negligence

If a driver fails to uphold their duty of care, they will be investigated for negligence. Examples of driver negligence in pedestrian accidents include:

• Speeding
• Running red lights or stop signs
• Driving under the influence
• Failing to yield the right of way
• Distracted driving

 

Being at fault for any of these greatly increases their legal responsibility for the accident. Knowing this can form the foundation of your potential legal action or insurance claim.

Seeking Compensation

Once you’re out of the immediate aftermath as a pedestrian hit by car and have gotten help and documentation, it’s time to check if you’re entitled to compensation for your injuries and other losses. 

Here’s what you should know:

Types of Damages

In legal terms, “damages” refers to the compensation to the victim of a crime. Damages can include things like:

1. Medical expenses: Both current and future medical costs related to your injuries.
2. Lost wages: Compensation for time off work due to your injuries.
3. Pain and suffering: Non-economic damages for physical pain and emotional distress.
4. Loss of quality of life: If your injuries result in long-term limitations.

Insurance Claims Process

Filing an insurance claim after being involved in a car-hit pedestrian incident can become complex, but it is important to submit it correctly for maximum reward. Here’s a basic overview of how to get started:

1. First, report the accident to the driver’s insurance company. Their auto insurance provider will be liable to cover the cost of any damages.
2. Provide all necessary documentation, including medical records and proof of lost wages, which can all be added to the claim.
3. The insurance company will assign an adjuster to investigate your claim and attempt to keep their payout to a minimum. That’s why it’s important to be wary when speaking with an insurance adjuster. They are just doing their job, but they may try to pressure you to accept a low settlement offer to avoid a legal battle.
4. That’s why you should consider having a lawyer review any settlement offer before accepting it.

Legal Options

If the insurance company doesn’t offer you a fair settlement, or if your injuries are severe enough that a settlement doesn’t feel far enough, you can consider taking legal action. In this case, you want a personal injury lawyer experienced in pedestrian accident cases. They will be able to help you:

• Negotiate with insurance companies on your behalf
• Gather and present evidence to support your claim
• If necessary, file a lawsuit and represent you in court

 

It’s also good to know that many lawyers offer free consultations and work on a contingency basis, meaning they only get paid if you win your case. This makes the risk to you by hiring them relatively low.

Average Settlements for Pedestrian Accidents

The average settlement for pedestrian hit by car cases varies widely based on several factors, making it hard to provide a realistic average. However, we can look at some of these factors to estimate some general ranges you can expect.

Factors Affecting Settlement Amounts

1. Severity of injuries: More or less severe injuries are the biggest factor in the general range of settlements.
2. Impact on quality of life: As part of injuries, long-term or permanent disabilities will typically dramatically increase settlements. 
3. Clear liability vs. shared fault: If the driver was clearly at fault, settlements tend to be higher. This can be difficult to assess at the scene and is where court cases can come into play.
4. Insurance policy limits: The maximum payout may be capped by the driver’s insurance policy.

Settlement Ranges

Looking mainly at the severity of the injuries, the general range of settles can be divided into three major categories:

1. Minor injuries (e.g., bruises, minor cuts): $5,000 – $25,000
2. Moderate injuries (e.g., fractures, concussions): $25,000 – $100,000
3. Severe injuries (e.g., spinal cord injuries, traumatic brain injuries): $100,000 – $1,000,000+

Importance of Individual Case Assessment

Remember that these are rough estimates. The specific details of your case can dramatically affect the potential settlement. That’s why it’s often beneficial to consult with a lawyer like those at Natanzi Law Group who can provide a more accurate assessment using their case-by-case experience in your area.

Conclusion

Being hit by a car as a pedestrian can be a life-altering event. 

If you’re involved in an auto pedestrian accident, we recommend the following, in this order:

1. Find safety from immediate danger.
2. Seek medical attention if needed.
3. Document the scene if possible.
4. Afterward, consider consulting with a legal professional to understand your rights and options.

 

We also recommend you stay vigilant as a pedestrian in day-to-day life. 

Unfortunately, most American cities are built for cars and prioritize their freedom of movement over pedestrian safety. However, by following some best practices for your safety, you can significantly reduce your risk of becoming another pedestrian accident statistic. 

Stay safe out there!