Personal Injury — Pedestrian Accidents

Hit by a Car as a Pedestrian?
You Had the Right of Way. Now You Have the Right to Compensation.

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From Ilona’s Desk

When a Pedestrian Is Hit by a Vehicle,
the Injuries Are Rarely Minor.

There is no seatbelt, no airbag, no frame of steel between you and a moving vehicle. When a car, truck, or SUV strikes a person on foot, the human body absorbs all of it — and the injuries reflect that. Broken bones, traumatic brain injuries, spinal damage, internal trauma. I’ve seen pedestrian accident cases result in some of the most serious and life-altering injuries in my entire practice.

What makes these cases especially important to get right is that drivers — and their insurance companies — frequently try to shift blame onto the pedestrian. They claim you crossed outside the crosswalk, stepped out without warning, or weren’t paying attention. My job is to make sure the facts are established clearly, your medical costs and long-term needs are fully documented, and the driver’s insurer is held to what they actually owe you.

You were walking. Someone driving a vehicle failed to see you, yield to you, or stop for you. That failure has consequences — and those consequences belong to them, not to you.

We Handle These Cases

Common Pedestrian Accident Claims

Crosswalk and Intersection Accidents

Drivers who fail to yield at marked crosswalks, run red lights, or don’t check for pedestrians before turning. These are some of the clearest cases of driver negligence — and the most common.

Distracted and Texting Drivers

A driver looking at their phone for two seconds covers the length of a football field at 55mph. Distracted driving is a leading cause of pedestrian fatalities — and it’s fully preventable.

Backing and Parking Lot Accidents

Drivers reversing without checking mirrors, backing out of spaces into pedestrian pathways — parking lot accidents are surprisingly common and disproportionately affect children and the elderly.

Hit-and-Run Pedestrian Accidents

The driver didn’t stop. You’re on the ground, seriously injured, with no one to hold accountable — or so it seems. UM/UIM coverage and other legal avenues can still provide a path to compensation.

Drunk or Impaired Driver Accidents

DUI pedestrian accidents are among the most severe and legally significant cases we handle. A driver under the influence who strikes a person on foot may face both criminal liability and substantial civil damages — including punitive damages.

Unsafe Sidewalk and Infrastructure Failures

Missing crosswalk signals, inadequate lighting at crossings, design flaws that push pedestrians into traffic — when infrastructure failures contribute to an accident, government entities can also bear responsibility.

After the Accident

7 Steps That Protect Your Claim

Pedestrian accident victims are often too seriously injured to do much in the immediate aftermath — and that’s completely understandable. But in the hours and days that follow, these steps can make a significant difference to your case.

1

Accept Emergency Medical Help Immediately

Don’t refuse the ambulance. Pedestrian impact injuries — internal bleeding, spinal trauma, skull fractures — can be life-threatening and may not be fully apparent in the first minutes. Let paramedics assess you at the scene, and follow up with a specialist as soon as possible.

2

Call 911 if You’re Able

A police report documenting the driver’s information, the location, road conditions, and witness accounts is essential. If you’re too injured to do this yourself, ask someone nearby to call on your behalf and stay at the scene until police arrive.

3

Document the Scene — or Ask Someone to Help You

The vehicle, its position, the road markings, crosswalk signals, skid marks, lighting conditions, and your visible injuries. If you’re unable to do this yourself, ask a bystander, a family member who arrives, or trust that the police photographer captures it — then request the full report.

4

Get the Driver’s Information

Name, license number, insurance details, vehicle registration, and phone number. If the driver is cooperative, get this directly. If they’re not — or if they fled — the police report will capture what’s available.

5

Identify Witnesses and Nearby Cameras

Pedestrian accidents often happen at busy intersections or in front of businesses. Note the locations of traffic cameras, business security cameras, and doorbell cameras on nearby homes. Witness accounts and footage can establish exactly where you were and what the driver did.

6

Don’t Give Statements to the Driver’s Insurance

The driver’s insurance will contact you quickly. They are not calling to help you — they’re gathering information to limit their liability. Decline to give a recorded statement and call us before responding to any insurer.

7

Keep a Full Record of Every Impact

Medical bills, specialist visits, physical therapy, prescription costs, transportation to appointments, lost wages, and a daily journal of pain, limitations, and how the injury has changed your life. The total picture of your damages goes far beyond the first hospital visit.

What You May Recover

Pedestrian Injuries Are Severe.
Your Compensation Needs to Reflect a Full Recovery.

Pedestrian accident victims sustain some of the most severe injuries seen in personal injury law — precisely because there is nothing to absorb the force of impact except the human body. Multiple fractures, traumatic brain injuries, spinal cord damage, internal organ injuries — these often require surgeries, months of rehabilitation, and in serious cases, lifetime care and support.

In states where our firm is licensed — California, Colorado, Florida, Nevada, New York, and Texas — pedestrian accident victims may be entitled to:

  • Emergency and ongoing medical expenses
  • Surgery, hospitalization, and specialist care
  • Physical therapy and long-term rehabilitation
  • Lost wages and reduced future earning capacity
  • Pain, suffering, and emotional distress
  • Permanent disability and loss of quality of life

Every case is different. Let’s sit down — free of charge — and I’ll give you an honest picture of what yours is worth.

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No Win, No Fee — Period.

You’re already dealing with enough. Our contingency fee model means we only get paid when you do. There’s no financial risk to getting the legal help you need right now.

Got Questions?

Pedestrian Accident FAQ

What if I wasn’t in a crosswalk when I was hit?
Being outside a marked crosswalk doesn’t automatically make you at fault — or end your claim. Drivers have a general duty to watch for pedestrians in all areas, not just crosswalks. Depending on the circumstances — the driver’s speed, visibility, whether they had time to stop — they may still be fully or partially liable. Under comparative negligence rules, even if you share some fault, you can still recover compensation reduced by your percentage of responsibility.
The driver claims I stepped out suddenly and they couldn’t stop. What do I do?
This is the most common defense in pedestrian accident cases — and it’s exactly why early evidence preservation is so critical. Traffic camera footage, witness accounts, skid mark analysis, and accident reconstruction experts can establish a very different picture of what happened. The driver’s version of events is not the final word. Call us quickly so we can start gathering evidence before it disappears.
Can I file a claim if the driver who hit me fled the scene?
Yes. Hit-and-run pedestrian accidents are devastating — but options remain. Your own uninsured motorist (UM) coverage is specifically designed for situations where the at-fault driver cannot be identified or is uninsured. If you don’t carry UM coverage, other avenues may still exist depending on the circumstances. Call us and we’ll walk through every option available to you.
What if the driver was charged criminally — does that affect my civil claim?
A criminal charge or conviction against the driver can significantly strengthen your civil claim — but the two processes are separate. A criminal case is pursued by the state; your personal injury claim is pursued by you to recover compensation for your losses. You can pursue a civil claim regardless of the outcome of any criminal proceedings. In DUI cases especially, a conviction supports both liability and potentially punitive damages in the civil case.
Can a government entity be liable if poor road design contributed to the accident?
Yes — and these cases are worth pursuing when the evidence supports it. Missing pedestrian signals, inadequate crosswalk lighting, confusing road markings, or intersections designed without pedestrian safety in mind can all constitute government negligence. However, claims against government entities have strict and often very short deadlines — in some states as little as six months. If infrastructure played a role in your accident, contact us immediately.
How long do I have to file a pedestrian accident claim?
In most states where we practice, the statute of limitations for pedestrian accident claims is two years from the date of the accident. Florida recently reduced its window from four years to two. If a government entity is involved, the deadline can be significantly shorter — sometimes six months or less. Don’t wait. The sooner we get involved, the more evidence we can preserve and the stronger your case will be.
Do you handle pedestrian accident cases in my state?
We’re licensed in California, Colorado, Florida, Nevada, New York, and Texas — all states with significant pedestrian traffic and, unfortunately, significant pedestrian accident rates. These are serious cases and we treat them that way. If you or a loved one was struck by a vehicle in any of those states, please reach out. We’ll give you a straight, honest assessment of your situation and your options.
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I know reaching out to an attorney can feel like a big step. It doesn’t have to be. Tell me what happened, and I’ll give you an honest picture of your options — no judgment, no sales pitch, just real guidance.

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