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pedestrian accident lawsuit

Pedestrian Accident Injury Damages: Your Rights After Being Hit

Pedestrians hit by vehicles can recover full damages for catastrophic injuries. Learn the damages available and legal strategies to maximize pedestrian accident claims.

## Pedestrian Accidents and Driver Liability

When a vehicle strikes a pedestrian, the resulting injuries are almost always severe due to the complete lack of physical protection for the pedestrian. Drivers owe pedestrians an exceptionally high duty of care — they must yield at crosswalks, observe speed limits, and maintain full attention while operating a vehicle. Distracted driving, speeding, failing to yield, and drunk driving are the leading causes of pedestrian accidents. When a driver fails in this duty, they are liable for all resulting damages.

Pedestrian accident injuries are among the most severe in personal injury law — fatalities and catastrophic injuries are common, making these among the highest-value claims.

Full Damages in Pedestrian Accident Cases

Economic damages include emergency trauma surgery, hospitalization, orthopedic and neurological care, rehabilitation, and future medical costs for permanent injuries. Pedestrians often suffer multiple fractures, internal injuries, TBIs, and spinal injuries simultaneously — creating complex, high-value damage calculations. Lost wages and long-term earning capacity losses are substantial when injuries prevent return to work. Non-economic damages address immense physical pain, emotional trauma, PTSD from the collision, and permanent disability.

  • Call 911 immediately and request both police and emergency medical services
  • Do not refuse medical care at the scene — internal injuries require immediate evaluation
  • Identify all witnesses and request dashcam footage from nearby vehicles
  • Investigate whether the driver was distracted, speeding, or impaired — each increases damages

Uninsured and Hit-and-Run Driver Scenarios

When a pedestrian is struck by an uninsured or hit-and-run driver, uninsured motorist (UM) coverage through the pedestrian's own auto or homeowner's insurance may provide compensation. An attorney can identify all available insurance sources — including underinsured motorist coverage — to ensure maximum recovery even when the at-fault driver lacks adequate insurance.

For informational purposes only. Not legal advice. Consult a licensed attorney.