Hit By a Car While Walking: Legal Options

Car Accident Lawyer

The possibility of getting hit by a car may not be the first thing on your mind when you’re out walking. Sadly, in many states, pedestrian injuries from car accidents are a serious problem. What are your legal options if this happens to you? Our friends at MDK Law Group explore options below.

Who Is Responsible If You’re Hit by a Car When Walking?

In many cases, the driver of the vehicle that struck you is legally responsible. This is especially true in the following situations:

  • You were walking on the sidewalk or using a crosswalk.
  • The driver wasn’t paying attention (e.g., texting while driving).
  • The vehicle drove through a red light.
  • The driver was speeding.
  • The police charge the driver with DUI/DWI.

Assigning fault isn’t always easy in this type of crash. If pedestrians cross a busy road when the “Don’t Walk” signal is flashing, they may cause an accident. On the other hand, if the driver had enough time to brake but didn’t, that may be evidence of negligence.

How Can You Prove Your Claim?

It’s not enough for you to tell the judge “I got hit by a car while walking.” You need evidence. Here are a few things you can do:

  • Record the scene: Take pictures or video of the accident, including the location of stoplights, crosswalks and vehicles.
  • Ask for witness information: If other people saw the accident, ask them for their names and phone numbers.
  • Get medical treatment: Doctor visits, medical bills, X-rays and images all help to prove your injuries.

Always call the police, even if the driver begs you not to. A police report is a powerful piece of supporting evidence.

What Are Your Legal Rights After Getting Hit by a Car?

If you get hit while walking, you have a right to seek compensation for your injuries, medical bills and lost wages. You can also receive payments for pain and suffering that result from the accident, as well as disability benefits in the case of long-term injuries.

Generally speaking, you would make this type of claim with the at-fault driver’s insurance company. You can also sue the driver in civil court. In the case of a hit and run, your own medical insurance may cover your injuries.

Why Call a Lawyer When You’re Hit by a Car?

After seeking medical treatment for your injuries, consider getting legal advice to help you decide the next steps you should take. A lawyer can provide trustworthy advice and point out factors you may have missed.