Pedestrian Accidents In The United States

Pedestrian accidents are reported yearly in the U.S. The National Highway Traffic Safety Administration reported a decrease in pedestrian fatalities in 2024 compared to the previous year, which is good news. However, the number of accidents that continue to happen is still alarming.
If you are involved in a pedestrian accident, it’s crucial to understand how to protect your legal rights. Bachus & Schanker represents victims injured in this type of accident. Our pedestrian accident attorneys are skilled in negotiating settlements and, in turn, maximizing compensation for clients.

Common Causes Of Pedestrian Accidents In The United States

Different factors can contribute to an auto pedestrian accident. These include:

• Distracted driving: A driver texting, eating, adjusting the radio, or talking on the phone may not see a pedestrian. They may also not notice traffic signals that inform them of a nearby crosswalk. Additionally, a distracted driver has a reduced reaction time, so they may not safely avoid a collision once they realize someone is crossing.
• Speeding: Driving beyond the speed limit puts pedestrians at risk because a speeding driver might have less time to react or stop when they come across a pedestrian.
• Drunk driving: Due to impaired judgment, slowed reaction time, false sense of confidence, and poor coordination, a drunk driver can hit a pedestrian. In 2022, nearly half of the fatality crashes involving pedestrians were linked to drunk driving.
• Failing to yield: Drivers should yield to pedestrians at crosswalks. If this does not happen — perhaps a driver is aggressive — a pedestrian may be seriously injured.
• Unsafe crosswalks: Some crosswalks lack traffic signals or stop signs, making them dangerous, as a driver may not yield to pedestrians. Additionally, crosswalks located in mid-block locations (between intersections) are dangerous because a driver may not expect a pedestrian in such an area, or may not immediately spot a pedestrian, especially if a driver is distracted.
• Poor road conditions: Roads with poor visibility due to debris, inadequate lighting, and poor design can increase the risk of pedestrian accidents. Furthermore, potholes, uneven surfaces, and missing/faded signage on a road can make it difficult for a pedestrian to navigate it safely.

Injuries Sustained In Pedestrian Accidents

Examples of the common injuries a pedestrian can sustain when hit by a vehicle are:

• Head injuries: If a pedestrian in an accident hits their head on a hard surface, such as the road or the car’s hood/windshield, they may sustain head injuries, which can range from mild concussions to severe traumatic brain injuries (TBIs).
• Neck injuries: The rapid back-and-forth movement of the head and neck after a pedestrian accident can result in whiplash, and other neck injuries.
• Spinal cord injuries: The force exerted on a pedestrian’s body by a car can cause significant trauma to the spine. The spinal cord can be damaged, or the bones protecting it can be fractured.
• Internal organ damage: The force of impact of a pedestrian accident can cause a pedestrian’s internal organs to be compressed or ruptured. A pedestrian’s blood vessels may also be damaged. Since they lack protection, internal organ damage and bleeding are not uncommon among pedestrians involved in a car accident.
• Broken bones: When a pedestrian is hit by a vehicle, their bones may break, as they will have been subjected to a force beyond their capacity.
• Soft tissue damage: A pedestrian accident can cause a pedestrian’s muscles, tendons, and ligaments to stretch, tear, or bruise. Falling on the ground after the initial impact can also result in soft tissue damage.

How To File A Personal Injury Claim After A Pedestrian Accident

If you are involved in a pedestrian accident, you may be eligible to file a pedestrian accident claim against the driver who hit you. So, how can you do this?

Immediately after the accident, you should ensure you are safe by calling 911 to get medical help and report the accident. Then, exchange information with the driver — obtain their name, address, vehicle registration details, and insurance information, and provide your details as well.

If you can, take photos of the accident scene and your injuries. If you can’t move, ask a witness to help you. Don’t forget to collect the contact information and statements of witnesses.

After receiving medical care, keep all the documents related to your treatment. You should also request a copy of the police report, and ensure the photographs you took at the accident scene are well-preserved.

It’s vital to get legal guidance soon after the crash, so your lawyer can provide you with the details you need about gathering evidence and the mistakes to avoid. Your lawyer will also help you understand the process to follow to file a claim with the driver’s insurance company.

Your attorney will prepare a demand letter outlining the details of the crash, your injuries, and the damages you are seeking, which they will send to the driver’s insurer. The insurance company and your lawyer will engage in negotiations to reach a fair settlement. If the insurer refuses to compensate you fairly, your attorney can represent you in court.

The Statute Of Limitations For Pedestrian Accidents In The United States

You need to observe the statute of limitations when filing a pedestrian accident claim to protect your eligibility for compensation. The period differs with states but generally ranges from one to three years from the date of the accident. Your attorney will help you understand all the deadlines related to your case.

Safety Tips For Pedestrians And Drivers

Pedestrian accidents can be avoided when both pedestrians and drivers observe safety measures. Here are a few tips to employ:

Tips For Pedestrians

• Walk on sidewalks where available. When there is no sidewalk, walk facing traffic, but as far from traffic as possible.
• Use crosswalks and make eye contact with drivers before and when crossing to confirm they can see you.
• Follow the rules of the road and obey traffic signals and signs.
• Be visible when visibility is reduced — wear bright clothes.

Tips For Drivers

• Always be on the lookout for pedestrians.
• Obey all traffic signals and signs.
• Avoid distractions.
• Avoid driving under the influence of alcohol or other drugs.
• Always yield to pedestrians.
• Drive within the speed limit, and lower your speed where pedestrians are more likely to be.
• Never pass vehicles stopped at a crosswalk.

Why Choose Bachus & Schanker For Your Pedestrian Accident Case?

Bachus & Schanker focuses on helping pedestrians hit by negligent drivers. Our lawyers will carefully review your case to determine the best way to fight for your rights. We will use our expertise and experience to help you receive what you deserve. Contact us today to understand your legal options.

Protecting Your Rights After A Pedestrian Accident

A pedestrian accident can cause you to sustain severe injuries that can significantly impact your life for years. Filing a personal injury claim after such an accident ensures you are compensated for the damages you incurred, seeing that they were brought about by the negligent party.