Personal Injury · Haute Lawyer Network
What Is a Pedestrian Accident Claim?
Last reviewed: June 2026
Pedestrian accident claims arise when a person on foot is struck by a vehicle due to driver negligence. Pedestrians are extremely vulnerable — lacking any protection from vehicle impact. Pedestrian accidents frequently cause catastrophic injuries including traumatic brain injuries, spinal cord injuries, fractures, and death.
Negligent conduct by drivers that commonly causes pedestrian accidents includes failing to yield at crosswalks, running red lights or stop signs, distracted driving, drunk driving, speeding in pedestrian areas, and failing to check for pedestrians when turning.
While drivers are often primarily at fault, pedestrians can also contribute to accidents by jaywalking, crossing against signals, or stepping unexpectedly into traffic — with comparative negligence potentially reducing the recovery.
Frequently Asked Questions
Does a pedestrian always have the right of way?
Not always. Pedestrians in crosswalks generally have the right of way, but pedestrians who dart into traffic outside crosswalks or against signals may share fault.
What damages are available after being hit by a car?
Medical expenses — often extensive for serious pedestrian injuries — lost wages, future earning capacity, pain and suffering, and in catastrophic cases, lifetime care costs and loss of enjoyment of life.
What if the driver was uninsured?
Your own uninsured motorist coverage may compensate you for injuries caused by uninsured or underinsured drivers. Review your own auto policy even if you were on foot.
What should I do immediately after being hit by a car?
Call 911, get medical treatment, photograph the scene if able, get witness information, and contact an attorney before giving any statements to insurance companies.
What if the accident happened in a parking lot?
Parking lots are generally private property — different traffic rules may apply, and liability analysis is fact-specific. Both the driver and property owner may potentially be liable depending on the circumstances.
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