Can a Pedestrian Hit by a Car Get Compensation?

Pedestrians struck by motor vehicles often have high medical bills, along with other expenses. At Groth & Associates, we receive phone calls from many injured pedestrians asking if they can seek compensation. The answer is “yes.” If the car driver was negligent, you have a right to seek compensation for medical care, lost wages, pain and suffering, and other losses. Contact us to learn more.

You Need to Establish Fault for the Accident

A car driver isn’t automatically at fault for a collision, even with a pedestrian. Instead, you need to show the driver was negligent, meaning he or she did not drive with sufficient care. As experienced pedestrian accident lawyers, we usually look for signs of the following:

  • Not coming to a complete stop
  • Driving through a red light
  • Passing a pedestrian too closely
  • Driving while distracted
  • Texting and driving
  • Driving while intoxicated
  • Failing to use mirrors when backing up
  • Neglecting to check that crosswalks are clear

If possible, you should collect evidence soon after the collision. Ask witnesses what they saw and get their names and contact information. You should also call the police to the scene.

Fault Can Be Shared

The driver might blame you for the collision. For example, you might have darted into traffic by jaywalking. If you were at fault, you might lose out on important compensation or, in some cases, be barred from filing a claim at all.

Because fault is so critical, be sure to document what you were doing in the moments leading up to the collision. For example, write a short paragraph following the accident in which you go over what you remember.

You Should Seek Compensation for All Loses

Pedestrians can make a personal injury claim on the driver’s insurance policy. After the crash, you should have asked for the name of the driver’s insurance company and started a claim. Ideally, you should seek compensation for:

  • Medical care to treat your injuries
  • Lost income if you couldn’t work while you healed
  • Pain and suffering

The amount of compensation you receive will get reduced proportionally based on fault.

Preserve documents like medical records, medical bills, prescription medication receipts, and pay stubs. Your pedestrian accident attorney can use this information to supplement a claim.

One key issue is how much to ask for in pain and suffering. In our experience, accident victims usually ask for too little, and they consequently take home smaller settlements than they would if they hired a lawyer.

Groth & Associates Can Help

As you rehab your injuries, the last thing you need is to negotiate with an insurer. The claims process confuses many people and can be quite exhausting, so you ideally should focus 100% on your recovery.Let us assist you. In a free consultation, we can discuss your accident and the severity of your injuries. We will also draft a demand for compensation and personally handle all the negotiations with the driver and their insurer. Contact us to speak with an experienced pedestrian accident attorney.