Taking a walk is great for your health, your mind, and even the environment. But whether you’re commuting on foot or enjoying a stroll, being a pedestrian carries serious risks—especially with distracted drivers on the road. If you were hit by a car as a pedestrian, knowing what to do next can protect your health, your legal rights, and your financial future.
Pedestrian Accidents Are on the Rise
According to the National Highway Traffic Safety Administration (NHTSA), over 4,700 pedestrians are killed annually in traffic accidents, and more than 66,000 are injured. These alarming numbers show the growing danger pedestrians face on U.S. roads.
Common Causes of Pedestrian Accidents
- Walking outside of designated pedestrian areas
- Poor weather and visibility conditions
- Nighttime walking
- Children and elderly individuals at higher risk
Driving or walking under the influence
Key Pedestrian Injury Statistics
Pedestrians account for about 14% of all traffic deaths
Nearly 50% of fatal pedestrian accidents involve alcohol
1 in 5 pedestrian accidents involve hit-and-runs
75% of pedestrian fatalities happen at night
20% occur at intersections or crosswalks
Most accidents happen in urban areas without proper infrastructure
Distracted driving and distracted walking (such as using a phone) are also significant contributors. In California, it’s illegal to text while driving, and drivers are required to use hands-free devices.
Who Is at Fault in a Pedestrian vs. Car Accident?
In many pedestrian accident cases, the driver is at fault for not exercising due care. Drivers are expected to yield to pedestrians, especially at crosswalks, and must remain alert to avoid collisions. However, pedestrians also have a duty to cross safely and avoid walking in unsafe areas.
Fault in pedestrian accidents can vary:
- Driver’s fault: Failing to yield, speeding, distracted driving
Pedestrian’s fault: Jaywalking, crossing against signals, walking intoxicated
How Compensation Works After a Pedestrian Accident in California
If you were hit by a car as a pedestrian, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation and future medical care
- Emotional distress
You can typically file a claim against the at-fault driver’s insurance. If they flee the scene (hit-and-run), your own uninsured/underinsured motorist coverage or a family member’s policy might apply. In cases involving road defects or faulty infrastructure, you may have a case against a government entity or property owner.
Because California uses a comparative fault system, your compensation could be reduced if you’re found partially at fault. That’s why it’s essential to speak with an experienced pedestrian accident attorney before accepting any settlement.
Why You Shouldn’t Settle With the Insurance Company Right Away
Insurance companies often try to minimize payouts. They may:
- Claim the pedestrian was at fault
- Offer a low initial settlement
- Use manipulative language like “this generous offer” to pressure you
Before accepting a settlement, consult a pedestrian injury attorney. They can evaluate the full value of your damages, including long-term health costs and emotional distress, and protect you from being underpaid.
Building a Strong Pedestrian Accident Claim
To support your insurance or legal claim, it’s important to collect solid evidence:
Key Documentation for Pedestrian Accident Claims
- Police report with details and officer’s assessment of fault
- Witness statements supporting your account
- Driver’s comments (especially admissions of guilt)
- Medical records and bills from your ER visit and follow-up care
- Proof of lost wages from your employer
- Damaged clothing or belongings, which may show the impact of the crash
The more documentation you gather, the stronger your case becomes.
Immediate Steps to Take After Being Hit by a Car
If you were hit by a vehicle while walking, follow these critical steps:
1. Call 911 and Get Medical Help
Even if you feel okay, you could be in shock. Internal injuries or concussions aren’t always visible. Always get checked by a medical professional immediately.
2. Document the Scene and Your Injuries
If you’re conscious and able:
- Take photos of the scene, your injuries, and the car involved
- Note what part of your body hurts and where you’re bleeding
- Save the clothing and items worn during the accident
3. Report Everything to Emergency Responders
Tell paramedics and police about all pain or symptoms—even minor ones. Early documentation helps connect your injuries to the accident for insurance and legal claims.
Contact a Pedestrian Accident Lawyer to Protect Your Rights
Pedestrian accidents can result in long-term injuries, emotional trauma, and serious financial strain. Navigating insurance claims and proving liability can be overwhelming—especially when you’re recovering.
At Super Woman Super Lawyer, our experienced pedestrian accident attorneys are here to:
- Investigate the accident
- Deal with difficult insurance adjusters
- Fight for the full compensation you deserve
- Handle complex legal paperwork and deadlines
We’ve helped countless injured pedestrians get justice and fair settlements. Don’t go through this alone—call us today for a free consultation.
Available 24/7, Super Woman Super Lawyer’s team is ready to help you navigate the complexities of car accident claims and ensure you receive the justice and financial recovery you deserve. With over $2 billion recovered for injured victims in over 63K cases, Super Woman Super Lawyer is your best choice for legal representation after being hit by a car as a pedestrian. Contact Super Woman Super Lawyer today at 800.800.6916 to schedule a free consultation and start your journey towards recovery with the best legal representation
