In 2022, over 7,500 pedestrians were killed in traffic crashes in the U.S., the highest number in more than four decades, according to the Governors Highway Safety Association. That’s about 20 people a day. Behind every statistic are real lives affected, and many of these tragedies lead to Pedestrian Accident Claims filed by victims’ families seeking justice and compensation for those hit while crossing the street, walking their dog, or simply trying to get home.
If you were hit by a car, your life would change instantly. Medical bills pile up. Work becomes impossible.
You’re in pain, and the paperwork doesn’t stop. You may be wondering how to initiate an accident claim or whether it’s even worth the effort.
This guide breaks it down. You’ll learn what compensation might cover, what evidence to gather, and what to expect when filing a pedestrian accident claim. Most importantly, you’ll understand how to protect your rights after being injured.
Common Causes of Pedestrian Accidents
Many pedestrian crashes happen because a driver wasn’t paying attention or broke the law. Common causes include:
- Distracted driving (texting or using apps)
- Speeding through intersections or crosswalks
- Failing to yield to pedestrians
- Running red lights or stop signs
- Driving under the influence
According to the National Highway Traffic Safety Administration (NHTSA), most fatal pedestrian crashes happen in urban areas, at night, and outside of intersections. That means people are often hit where they’re least protected.
Rights of Injured Pedestrians
As a pedestrian, you have the right to use public roadways without being put in danger by negligent drivers. When a motorist speeds, fails to yield, or drives distracted, they violate that right. You also have the right to:
- Seek medical care and legal recovery
- File a pedestrian accident claim without delay or interference
- Be represented by an attorney before dealing with insurance companies
Keep in mind that legal rules vary by state. In some states, such as Alabama and Maryland, you may be barred from recovering compensation if you’re found even slightly at fault. This is why it’s important to speak with a lawyer early.
Who’s Legally Responsible
Pedestrian accident claims hinge on negligence, a legal term for someone failing to act with reasonable care. In most cases, the driver is at fault. But there are exceptions.
You may still have a claim even if you:
- Were not in a marked crosswalk
- Were partially at fault
- Didn’t immediately report the crash
States follow different fault laws. In some states, if you’re found partially responsible, your compensation might be reduced. In others, it could be denied altogether. That’s why legal guidance is so important early on.
Steps After a Pedestrian Accident
If you’ve been hit by a vehicle, take these actions right away if you’re able:
- Call 911. Get emergency help and make sure the crash is officially reported.
- Document the scene. Take photos of the location, injuries, and vehicle involved.
- Get medical attention. Follow up even if you feel okay at first. Some injuries take time to show.
- Gather contact information. Ask for names, phone numbers, and insurance details from the driver and any witnesses.
- Avoid talking to insurance companies until you speak with a lawyer.
- Consult a pedestrian accident attorney who knows how to handle serious injury claims.
These early steps can make a big difference in how your claim moves forward.
Evidence Needed
To build a strong pedestrian accident claim, you’ll need clear, well-organized evidence that shows:
- The driver caused the crash
- The crash directly caused your injuries
- The damages you’re claiming are supported
Important documentation includes:
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- Police reports showing how the crash occurred
- Photos or video from traffic cameras, dashcams, or bystanders
- Medical records linking treatment to the accident
- Eyewitness statements
- Accident reconstruction or expert testimony, if needed
If you wait too long, some of this evidence may disappear. That’s why it’s smart to get legal support early.
Compensation Types
Injury compensation after a pedestrian accident can include:
- Medical costs: Emergency room visits, surgeries, rehab, follow-up care
- Lost income: Wages missed while recovering or reduced long-term earning ability
- Pain and suffering: Physical pain, trauma, anxiety, or emotional distress
- Out-of-pocket costs: Transportation, mobility devices, home care
- Wrongful death damages: In fatal cases, families may receive funeral costs and lost support
The amount you may receive depends on the seriousness of your injuries, the medical treatments involved, and how the accident changed your life.
How Long You Have to File a Claim
Each state sets its own deadline to file a personal injury claim, called the statute of limitations.
For example, in Alabama, you typically have two years from the date of the crash to file a lawsuit. Miss the deadline and you lose your right to compensation. There are exceptions, so don’t wait to speak with a lawyer.
Legal Representation Importance
Pedestrian accident claims often involve disputes over fault. Insurance companies may try to deny liability or rush you into a low settlement. If you accept a fast payout, it might not cover future medical care or missed work.
When you work with a personal injury attorney, you can expect help with:
- Gathering evidence and documenting damages
- Speaking with the insurance company on your behalf
- Calculating what your claim is really worth
- Meeting legal deadlines in your state
- Filing a lawsuit if negotiations fail
Mike Slocumb Law Firm has experience handling injury cases in multiple states. We know the rules and timelines in each location, and we fight for injured pedestrians who need help rebuilding their lives.
Regional Crash Statistics
Across the U.S., pedestrian injuries are increasing. Here are some examples:
- Alabama: 128 pedestrian deaths were reported in 2022, a 15% jump from the year before.
- Georgia: In 2023, pedestrian fatalities rose to over 300 statewide, according to Georgia DOT data.
- Maryland: Nearly one in five crash fatalities involved pedestrians in recent years, as reported by the Maryland Department of Transportation.
Cities like Atlanta, Montgomery, and Baltimore are all seeing growing concerns over pedestrian safety. But even in smaller cities and suburban areas, pedestrian crashes remain a serious problem. Regardless of where it happens, your legal rights should be protected.
Contact Mike Slocumb Law Firm
If you’ve been hit while walking, you don’t have to handle the legal process alone. Mike Slocumb Law Firm represents injured pedestrians in cities across the U.S. Our team knows how to fight for full compensation, no matter where your accident occurred.
We’ll review your case, handle the insurance companies, and fight for the compensation you need to recover.
Call us today for a free consultation. You pay nothing unless we win your case.