Fighting for Pedestrian Accident Victims and Their Families
Pedestrians have no protection when a vehicle strikes them. No airbags, no seatbelts, no steel frame—just the human body against thousands of pounds of metal traveling at speed. The injuries are often catastrophic. Broken bones, traumatic brain injuries, spinal cord damage, and death are tragically common outcomes.
If you or a loved one has been struck by a vehicle while walking, you’re facing a difficult road ahead. Serious injuries, mounting medical bills, time away from work, and the long process of recovery—all while dealing with insurance companies that may try to blame you for simply crossing the street.
At DJC Law, our pedestrian accident lawyers fight for people who have been injured by negligent drivers. We understand the unique challenges pedestrian victims face, and we’re committed to getting you the compensation you deserve.
We handle pedestrian accident cases on contingency, which means you pay nothing unless we win. Contact us today for a free consultation.
Pedestrians Have Rights
Despite what some drivers seem to believe, pedestrians have every right to use roadways, crosswalks, and sidewalks. In fact, pedestrians typically have the right of way in crosswalks and at intersections—drivers are required to yield to them.
Yet pedestrian accidents keep happening because drivers fail to watch for people on foot. They’re looking at their phones, rushing through yellow lights, rolling through stop signs, or simply not paying attention. When a driver fails to yield to a pedestrian or strikes someone in a crosswalk, that driver is negligent—and should be held accountable.
Insurance companies often try to shift blame to pedestrians, arguing they shouldn’t have been crossing where they were or that they appeared “suddenly.” We don’t let these tactics work. We establish the driver’s negligence clearly and fight for pedestrians’ rights to use the roads safely.
Why Choose DJC Law for Your Pedestrian Accident Case
Pedestrian accident cases often involve severe injuries and complex liability questions. Here’s what sets us apart.
You Pay Nothing Unless We Win
We handle all pedestrian accident cases on contingency. You don’t pay any upfront fees, and you owe us nothing unless we successfully recover compensation for you.
We Understand Pedestrian Rights
We know the traffic laws that protect pedestrians and hold drivers accountable. We don’t let insurance companies blame victims for exercising their legal right to walk.
We Handle Catastrophic Injuries
Pedestrian accidents often cause life-changing injuries requiring extensive medical treatment and long-term care. We have experience handling these complex cases and work with medical experts to document the full extent of your injuries.
We Fight for Full Compensation
Insurance companies try to minimize pedestrian claims just like any other. We fight for compensation that reflects the true impact of your injuries—including future medical care, lost earning capacity, and the long-term effects on your life.
Trial-Ready Representation
Insurance companies know which firms will take cases to trial. Our willingness to fight in court often motivates insurers to offer fair settlements rather than risk a jury verdict.
Common Causes of Pedestrian Accidents
Most pedestrian accidents are caused by drivers who fail to watch for people on foot or fail to yield when required. Common causes include:
Distracted driving. Drivers texting, using phones, adjusting GPS, or otherwise distracted are especially dangerous to pedestrians. A distracted driver may not see a pedestrian in a crosswalk until it’s too late to stop.
Failure to yield at crosswalks. Drivers are required to yield to pedestrians in crosswalks, yet many fail to do so—rushing through, not looking, or simply not caring.
Failure to yield when turning. Drivers making left or right turns often focus on oncoming traffic and fail to check for pedestrians crossing the street they’re turning onto.
Running red lights and stop signs. Drivers who run red lights or roll through stop signs may strike pedestrians who are crossing with the right of way.
Speeding. Higher speeds reduce reaction time and dramatically increase the severity of pedestrian injuries. A pedestrian struck at 40 mph is far more likely to die than one struck at 20 mph.
Drunk driving. Impaired drivers have reduced reaction times, impaired judgment, and may not see pedestrians at all.
Backing up without looking. Drivers backing out of driveways, parking spaces, or loading areas may not see pedestrians behind them, particularly children.
Parking lot accidents. Parking lots are dangerous for pedestrians. Drivers cutting through lots, backing out of spaces, or rushing to find parking often fail to watch for people on foot.
Poor visibility conditions. Accidents increase in darkness, rain, fog, and other low-visibility conditions. Drivers have a duty to adjust their speed and vigilance accordingly.
Failure to stop for school buses. Drivers who pass stopped school buses endanger children crossing to and from the bus.
Aggressive driving. Road rage, impatience, and aggressive behavior lead drivers to take risks that endanger pedestrians.
Large vehicle blind spots. Trucks, buses, and SUVs have significant blind spots where drivers may not see pedestrians, particularly when turning.
When we investigate your accident, we look at all factors that may have contributed and all parties who may be liable.
Where Pedestrian Accidents Happen
Pedestrian accidents occur in many locations, each presenting different hazards:
Crosswalks and intersections are where pedestrians are supposed to be safest—and where drivers are most clearly obligated to yield. Yet many accidents happen here because drivers fail to stop or look before turning.
Mid-block crossings occur when pedestrians cross between intersections. While pedestrians should yield to traffic in these situations, drivers still have a duty to avoid hitting people they see or should see in the roadway.
Parking lots are surprisingly dangerous. The mix of moving vehicles, parked cars blocking sightlines, and pedestrians walking to and from stores creates constant hazards.
Driveways are dangerous when drivers back out without looking or pull forward across sidewalks without yielding to pedestrians.
Sidewalks should be safe zones for pedestrians, but drivers who lose control, mount curbs, or drive onto sidewalks cause devastating injuries.
School zones require extra caution from drivers, but children are still struck near schools regularly.
Bus stops are hazardous as pedestrians cross to and from buses, often in traffic.
Work zones put both workers and pedestrians at risk from vehicles navigating construction areas.
Rural roads without sidewalks force pedestrians to walk along roadways, where they may be struck by drivers not expecting to encounter people on foot.
Common Pedestrian Accident Injuries
Without any protection from impact, pedestrians suffer severe injuries even at relatively low speeds. Common injuries include:
Traumatic brain injuries are common in pedestrian accidents because the head often strikes the vehicle or pavement. These injuries range from concussions to severe brain damage causing permanent cognitive impairment, personality changes, or death.
Spinal cord injuries can result from the impact of being struck or from landing after being thrown. These injuries may cause partial or complete paralysis, fundamentally changing every aspect of the victim’s life.
Broken bones are extremely common. Leg fractures occur when the vehicle’s bumper or hood strikes the pedestrian. Arm fractures happen when victims try to break their falls. Hip fractures are common in elderly pedestrians and can be life-threatening. Multiple fractures requiring extensive surgery are typical in serious pedestrian accidents.
Lower extremity injuries are particularly common because the legs are typically the first point of impact. Femur fractures, knee injuries, tibia and fibula fractures, and ankle injuries frequently require multiple surgeries and may result in permanent limitations or amputation.
Internal injuries to organs including the spleen, liver, kidneys, and lungs can result from blunt force trauma. Internal bleeding may not be immediately apparent but can be life-threatening.
Pelvic fractures are common in pedestrian accidents and can be extremely serious, causing internal bleeding and damage to organs in the pelvic region.
Chest injuries including broken ribs, punctured lungs, and cardiac contusions occur when pedestrians are struck in the torso or land on hard surfaces.
Facial injuries and dental damage occur when pedestrians’ faces strike vehicles, pavement, or other objects.
Road rash and soft tissue injuries occur when pedestrians are dragged or slide across pavement.
Degloving injuries occur when skin is torn away from underlying tissue, often requiring extensive reconstruction.
Amputation may result from the initial trauma or become necessary due to the severity of crush injuries.
Post-traumatic stress disorder and other psychological injuries affect many pedestrian accident survivors. The trauma of being struck by a vehicle can cause lasting anxiety, fear, and difficulty functioning.
Many pedestrian accident victims face months or years of treatment, multiple surgeries, extensive rehabilitation, and permanent disabilities.
Pedestrian Accidents Involving Children
Children are particularly vulnerable to pedestrian accidents for several reasons:
Children are smaller and harder to see. They may be below a driver’s sightline, particularly for larger vehicles.
Children are unpredictable. They may dart into streets chasing balls, run without looking, or not understand traffic signals.
Children can’t judge vehicle speed and distance. They may believe they have time to cross when they don’t.
Children assume drivers see them. They may not understand that a driver might not be paying attention.
Drivers have a heightened duty of care around children—in school zones, residential neighborhoods, parks, and anywhere children are likely to be present. A driver who strikes a child may be found negligent even if the child technically violated traffic rules, because drivers should anticipate that children may behave unpredictably.
When children are injured in pedestrian accidents, the consequences extend beyond immediate physical injuries:
- Growing bodies may require additional surgeries as children develop
- Brain injuries can affect cognitive development and educational achievement
- Psychological trauma can affect development and cause lasting fears
- Disfigurement can lead to bullying and social difficulties
- Severe injuries may affect future earning capacity
We fight to ensure child victims receive compensation that accounts for all of these long-term impacts.
Pedestrian Accidents Involving Elderly Victims
Elderly pedestrians face increased risks and typically suffer more severe outcomes:
Slower walking speeds mean elderly pedestrians may not clear crosswalks before signals change or may be in the roadway longer.
Reduced mobility and balance make it harder to move out of the way of approaching vehicles.
Diminished hearing and vision may make it harder to detect approaching vehicles.
Fragile bones mean injuries that might be moderate in younger victims become severe in elderly pedestrians. Hip fractures in particular can be life-threatening for elderly individuals.
Complications and slower healing extend recovery times and increase the risk of secondary conditions.
Drivers should exercise extra caution when they see elderly pedestrians, allowing more time for them to cross and being prepared to stop.
Who Can Be Held Liable?
While the driver who struck you is the most obvious defendant, other parties may share liability:
Drivers who caused the accident through negligent driving—distracted driving, failure to yield, running signals, speeding, drunk driving, etc.
Employers may be liable if the driver was working at the time—delivery drivers, truck drivers, rideshare drivers, employees running errands.
Vehicle owners may be liable if they lent their vehicle to someone they knew or should have known was an unsafe driver.
Government entities may be liable for dangerous road designs, missing crosswalks, inadequate signage, malfunctioning traffic signals, or poorly timed crossing signals that don’t give pedestrians enough time to cross.
Property owners may be liable if hazardous conditions on their property forced pedestrians into the roadway or obscured drivers’ views of pedestrians.
Construction companies may be liable if work zones forced pedestrians into dangerous areas or failed to provide safe pedestrian routes.
Vehicle manufacturers may be liable if defects contributed to the accident—brake failures, accelerator defects, or inadequate visibility from the driver’s position.
Bars and restaurants may be liable under dram shop laws if they served alcohol to a visibly intoxicated driver who then struck a pedestrian.
Identifying all liable parties increases available insurance coverage and improves your chances of full compensation.
Insurance Coverage for Pedestrian Accidents
Understanding insurance coverage for pedestrian accidents is important because pedestrians don’t have their own vehicle insurance to fall back on:
The driver’s liability insurance is your primary source of compensation. You file a claim against the at-fault driver’s policy for your injuries and damages.
Your own auto insurance may provide coverage even when you’re a pedestrian. In many states, uninsured motorist (UM) and underinsured motorist (UIM) coverage extends to you when you’re hit as a pedestrian—not just when you’re in your car. This is crucial when the driver has no insurance or inadequate coverage.
Household auto policies may cover you even if you don’t own a car. If you live with a family member who has auto insurance, their UM/UIM coverage may protect you.
Medical payments (MedPay) coverage on household auto policies may pay for medical expenses regardless of fault.
Health insurance covers your medical treatment, though your health insurer may seek reimbursement from any settlement.
Commercial insurance may provide substantial coverage if the driver was working at the time—delivery drivers, truckers, and other commercial operators often have higher policy limits.
We help you identify all available coverage and pursue maximum compensation from each source.
Compensation in Pedestrian Accident Cases
Due to the severity of injuries, pedestrian accident compensation can be substantial. You may be entitled to:
Economic Damages
- Medical expenses: Emergency care, hospitalization, surgeries, rehabilitation, medication, and ongoing treatment
- Future medical costs: Anticipated surgeries, long-term care, therapy, medical equipment, and home health care
- Lost wages: Income lost during recovery
- Loss of earning capacity: Reduced ability to work due to permanent injuries
- Home modifications: Wheelchair ramps, accessible bathrooms, and other modifications needed due to disabilities
- Attendant care: Costs for caregivers if your injuries require assistance with daily activities
- Transportation costs: Medical appointments and other necessary travel during recovery
Non-Economic Damages
- Pain and suffering: Physical pain from injuries, surgeries, and treatment
- Mental anguish: Emotional distress, anxiety, depression, and PTSD
- Disfigurement: Permanent scarring or physical changes
- Disability: Limitations on physical abilities, including paralysis or amputation
- Loss of enjoyment of life: Inability to participate in activities you once enjoyed
- Loss of consortium: Impact on your relationship with your spouse
In cases involving egregious conduct—such as drunk driving, intentional misconduct, or extreme recklessness—punitive damages may be available.
If a pedestrian accident results in death, surviving family members may pursue wrongful death damages.
What If You Were Partially at Fault?
Insurance companies often try to blame pedestrians for accidents—claiming you were crossing outside a crosswalk, were distracted by your phone, or appeared “suddenly.” Even if there’s some truth to these claims, you may still be able to recover compensation.
Most states follow comparative negligence rules, which allow you to recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault. For example, if you’re found 20% at fault for a $100,000 accident, you could still recover $80,000.
Some states bar recovery if your fault exceeds a certain threshold—typically 50% or 51%. A small number of states follow pure contributory negligence, which bars recovery if you were even 1% at fault, though this is the minority rule.
Importantly, drivers have a duty to watch for pedestrians—even pedestrians who may be crossing improperly. A driver who sees or should see a pedestrian in the road must try to avoid hitting them. “They shouldn’t have been there” is not a complete defense to striking someone with a car.
Don’t accept an insurance company’s assessment of fault without consulting an attorney. We fight to minimize fault assigned to you and maximize your recovery.
Dealing with Insurance Companies
Insurance companies often treat pedestrian accident victims unfairly. Common tactics include:
- Blaming the pedestrian for being in the road, not using a crosswalk, or being “distracted”
- Claiming you “came out of nowhere” when the driver simply wasn’t paying attention
- Minimizing the severity of injuries or disputing the need for treatment
- Disputing future medical expenses even when ongoing care is clearly needed
- Offering quick settlements before the full extent of injuries is known
- Using surveillance to find activities they claim are inconsistent with your injuries
- Searching social media for posts they can use against you
- Requesting recorded statements hoping you’ll say something they can use
Don’t talk to insurance adjusters without consulting an attorney first. We handle all communications and protect you from these tactics.
What to Do After a Pedestrian Accident
Pedestrian accidents often cause severe injuries that require immediate medical attention. If you’re able, these steps can help protect your health and your legal rights:
At the scene:
- Stay where you are unless you need to move to safety—moving with serious injuries can cause additional harm
- Call 911 or have someone call for you
- Get the driver’s information if possible (name, contact, insurance, license plate)
- Get contact information from witnesses
- If able, take photos of the scene, the vehicle, and your injuries
- Don’t admit fault or apologize
- If the driver tries to leave, try to note the vehicle description and license plate
After leaving the scene:
- Seek medical attention immediately—many serious injuries aren’t immediately apparent
- Follow all medical advice and attend all appointments
- Document your injuries with photos as they develop
- Keep records of all medical treatment, expenses, and missed work
- Preserve the clothing and shoes you were wearing as evidence
- Don’t give recorded statements to insurance companies
- Don’t sign anything from insurance companies without legal review
- Be careful what you post on social media
- Contact a pedestrian accident attorney
Hit-and-Run Pedestrian Accidents
Unfortunately, some drivers flee after striking pedestrians. If you’re the victim of a hit-and-run, you still have options:
Report the accident immediately to police. Provide any details you can remember about the vehicle—make, model, color, partial license plate, direction of travel.
Look for witnesses who may have seen more than you did or captured the incident on dashcam.
Check for surveillance cameras at nearby businesses that may have recorded the accident.
File an uninsured motorist claim with your own auto insurance or a household policy. UM coverage typically covers hit-and-run accidents.
We investigate hit-and-run accidents aggressively, working to identify the driver through all available evidence. Even if the driver is never found, we help you pursue compensation through UM coverage.
Statute of Limitations
Every state has a deadline for filing pedestrian accident lawsuits. Most states allow between two and four years, though some have shorter deadlines.
Claims against government entities for dangerous road designs, missing crosswalks, or accidents involving government vehicles typically have much shorter notice requirements—sometimes as little as 30 to 180 days.
Claims involving minors may have extended deadlines in many states.
Missing the deadline means losing your right to compensation forever. Don’t wait to consult an attorney.
How Our Pedestrian Accident Lawyers Help
We fight for pedestrians who have been injured by negligent drivers. Here’s how we help:
We investigate thoroughly, gathering evidence to prove the driver’s fault—police reports, witness statements, traffic camera footage, accident reconstruction, and more.
We establish your rights, making clear you were entitled to be where you were and the driver was obligated to yield or watch for pedestrians.
We counter victim-blaming, preventing insurance companies from unfairly shifting fault to you.
We document your injuries fully, working with medical experts to ensure the severity and long-term impact of your injuries are properly understood and valued.
We identify all sources of compensation, including the driver’s insurance, UM/UIM coverage, commercial policies, and other liable parties.
We handle all communications, protecting you from insurance company tactics during your recovery.
We fight for maximum recovery, negotiating aggressively and preparing every case for trial if necessary.
Frequently Asked Questions
How much does it cost to hire a pedestrian accident lawyer?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for you. Our fee comes as a percentage of your settlement or verdict.
What if I wasn’t in a crosswalk when I was hit?
You may still recover compensation. While pedestrians should use crosswalks when available, drivers have a duty to watch for pedestrians regardless of where they are. Not being in a crosswalk may reduce your recovery in some states, but it doesn’t eliminate the driver’s responsibility.
The driver says I “came out of nowhere.” Can I still recover?
Absolutely. This is a common excuse that usually means the driver wasn’t paying attention. Pedestrians don’t appear from nowhere—they cross streets, walk along roads, and move predictably. We know how to counter this defense.
What if I was looking at my phone when I was hit?
Being distracted may reduce your recovery in some states, but it doesn’t eliminate the driver’s fault. The driver still had a duty to watch for pedestrians and avoid hitting you. We fight to ensure you’re not unfairly blamed.
I don’t own a car. Do I have any insurance coverage?
You may. If you live with a family member who has auto insurance, their UM/UIM coverage may protect you even when you’re a pedestrian. We help identify all available coverage.
What if the driver left the scene?
You may have a claim through uninsured motorist coverage on your own or a household auto policy. We also investigate to try to identify the driver through witnesses, surveillance footage, and other evidence.
How long will my pedestrian accident case take?
It varies depending on the severity of injuries and complexity of the case. Pedestrian accidents often involve serious injuries requiring extended treatment, and we typically wait until your medical condition has stabilized before settling to ensure you receive full compensation.
How much is my pedestrian accident case worth?
Value depends on injury severity, medical expenses, lost income, pain and suffering, and the strength of evidence. Pedestrian accident cases often involve significant compensation due to the severity of injuries. We can give you a better estimate after reviewing your case.
Contact Our Pedestrian Accident Attorneys Today
If you’ve been struck by a vehicle while walking, you need attorneys who will fight for your rights—against the insurance company and against attempts to blame you for an accident that wasn’t your fault. At DJC Law, we’re committed to getting pedestrian accident victims the compensation they deserve.
We’ve helped countless pedestrian accident victims recover from devastating injuries. Let us put that experience to work for you.
Contact us today for a free consultation. We’ll review your case, explain your options, and fight for your rights. There’s no obligation, and you’ll pay nothing unless we win.
