Negligent drivers cause pedestrian accidents by failing to follow traffic laws, speeding, driving distracted, or not yielding the right-of-way. These careless actions can result in severe injuries when a driver runs over a pedestrian. If you suffered an injury in one of these accidents, you may be eligible to file a personal injury lawsuit against the at-fault driver. This legal claim can help recover compensation for medical bills, lost income, pain and suffering, and more.
A skilled pedestrian accident attorney can handle the entire legal process for you. They will investigate the accident, gather strong evidence, communicate with insurance companies, and fight for a fair settlement. If necessary, they can take your case to court and represent you in front of a judge or jury. With an experienced attorney on your side, you can focus on healing while they work to protect your rights.
Most Common Injuries in Pedestrian Accidents Where a Driver Runs a Pedestrian Over
Pedestrian accidents involving a vehicle running over a person often lead to serious and life-altering injuries. Because pedestrians have no protection from the force of an oncoming vehicle, the impact can cause significant damage to multiple areas of the body. One of the most common types of injury in these situations is broken bones. When a pedestrian is struck and knocked to the ground or run over, the bones in the legs, arms, pelvis, or ribs are highly vulnerable to fractures. Some of these fractures may be simple and heal with time, while others are complex and may require surgery and months of physical therapy.
Head injuries are also frequent and dangerous in pedestrian accidents. These injuries may include concussions, skull fractures, or traumatic brain injuries (TBIs). When the head strikes the pavement or the vehicle itself, the brain can be damaged by direct impact and the sudden motion. A traumatic brain injury can lead to memory loss, confusion, mood changes, and long-term cognitive problems.
Spinal cord injuries are another serious result of pedestrian accidents. The force of the impact can damage the spine, leading to herniated discs, fractures, or even paralysis. Some individuals may experience only temporary nerve damage, while others can face permanent loss of movement or sensation in parts of their body.
Internal injuries are also common, especially when a pedestrian is run over. Internal injuries can include damage to internal organs such as the liver, kidneys, or lungs. Internal bleeding may occur and is often not immediately visible, making it especially dangerous without prompt medical care.
Lacerations and contusions, while sometimes considered “minor,” can still lead to complications. Deep cuts may require stitches and can leave lasting scars. Severe bruising can also indicate underlying trauma that needs medical evaluation.
Finally, many pedestrians suffer psychological trauma after being run over. Even if physical injuries heal, emotional and mental effects such as anxiety, post-traumatic stress disorder (PTSD), or depression may continue long after the accident.
How Do Negligent Drivers Run Pedestrians Over?
Driver negligence plays a significant role in many pedestrian accidents, especially when a vehicle runs over a pedestrian. Negligence happens when a driver fails to use reasonable care while operating a vehicle. Several common types of driver negligence can lead to these serious and often tragic collisions.
- One of the most common forms is distracted driving, which includes texting, using a phone, eating, adjusting the radio, or interacting with passengers while behind the wheel. Even a momentary distraction can cause a driver to overlook a pedestrian crossing the street or walking nearby. When a driver’s attention is not entirely on the road, they are more likely to make a dangerous mistake.
- Speeding is another major type of negligence. Drivers who go above the speed limit or drive too fast for road or weather conditions may be unable to stop in time to avoid hitting a pedestrian. High speeds also increase the severity of injuries when a crash occurs, giving pedestrians little chance to avoid being struck.
- Failing to yield the right-of-way is also a frequent issue. Drivers are legally required to yield to pedestrians in marked crosswalks and often at unmarked intersections. When drivers ignore this rule, they put pedestrians at serious risk, especially in areas with heavy foot traffic or near schools and residential neighborhoods.
- Driving under the influence of alcohol or drugs is another dangerous form of negligence. Impaired drivers have slower reaction times, poor judgment, and reduced awareness of their surroundings, which can lead to devastating consequences if a pedestrian is nearby.
- Reckless driving, such as running red lights, making illegal turns, or aggressively weaving through traffic, can also cause a driver to lose control and strike a pedestrian. These actions show a clear disregard for safety.
- Finally, failing to check blind spots or drive cautiously in parking lots, driveways, or areas with limited visibility can result in a pedestrian being run over. Drivers must always be alert and aware of their surroundings, especially in places where pedestrians are expected.
When drivers act carelessly or recklessly, they endanger pedestrians’ lives. These acts of negligence are not only dangerous but also legally unacceptable and can lead to serious consequences.
Process of Filing and Proving a Pedestrian Accident Lawsuit
Filing and proving a pedestrian accident lawsuit after a negligent driver runs someone over is a step-by-step legal process. It starts with the injured person’s lawyer filing a personal injury claim in civil court. This claim seeks compensation for the pedestrian’s injuries because of the driver’s careless behavior.
The first step is gathering evidence. Substantial evidence is key to proving the driver was negligent. This evidence includes the police report, medical records, photographs of the accident scene, witness statements, traffic camera footage (if available), and any other information that supports the pedestrian’s side of the story.
Medical documentation is vital. It proves the extent of the injuries and connects them directly to the accident. These records should show what treatment the pedestrian received, how long recovery took or will take, and whether the injuries are permanent.
Next, the pedestrian’s attorney must prove four key elements in court: duty, breach, causation, and damages. First, the driver had a duty to drive safely and watch out for pedestrians. Second, the driver breached that duty by acting carelessly—for example, by speeding, texting, or failing to yield. Third, the driver’s actions directly caused the pedestrian’s injuries. Finally, the pedestrian suffered real damages, such as physical pain, medical bills, lost income, or emotional suffering.
Once the lawsuit is filed and the evidence is prepared, both sides may enter a phase called “discovery.” Each side shares information during this time and may interview witnesses or experts. Sometimes, the case is settled before going to trial. Other times, it goes before a judge or jury, who will decide whether the driver was at fault and how much compensation should be awarded.
Proving a pedestrian accident lawsuit takes time and strong legal skills. It requires gathering facts, proving negligence, and showing the full consequences of the injuries. A skilled pedestrian accident lawyer can guide the injured pedestrian through this process and fight for the justice and compensation they deserve.
Types of Compensation You Can Get for Injuries in a Pedestrian Collision
When a negligent driver runs over a pedestrian, the injured person has the right to seek compensation through an insurance claim or a personal injury lawsuit. This compensation is meant to cover how the accident may have affected the pedestrian’s life. Depending on the severity of their injuries and the effects on their daily lives, an injured pedestrian can recover several types of damages.
One major type of compensation is for medical expenses. Medical expenses include the cost of emergency treatment, hospital stays, surgeries, doctor visits, physical therapy, prescription medications, and any future medical care the injured person may need. In severe cases, ongoing treatment or long-term care may be required, and these future costs can be included in the claim.
Another critical category is lost income. If the pedestrian is unable to work for a period of time due to their injuries, they can recover the income they missed. If the injuries are permanent or long-term and reduce the person’s ability to work in the future, they may also be entitled to loss of earning capacity.
Injured pedestrians can also seek compensation for pain and suffering. Pain and suffering refers to the physical pain and emotional distress due to the accident and injuries. These damages can be harder to measure but are vital to many pedestrian accident claims, especially in cases involving serious or life-changing injuries.
Emotional distress or mental anguish is another form of non-economic damage. After being run over, a pedestrian may experience anxiety, depression, PTSD, or a fear of walking near traffic. These emotional struggles can deeply affect a person’s quality of life and are often included in the claim.
Loss of enjoyment of life is a type of compensation that reflects how the injury has limited the pedestrian’s ability to enjoy daily activities, hobbies, or relationships they once valued.
Finally, if the injuries were especially severe or involved reckless behavior by the driver, punitive damages may also be awarded. These damages are meant to punish the driver and convey that dangerous behavior behind the wheel will not be tolerated.
Each pedestrian accident case is unique, and the exact compensation will depend on the facts, the evidence, and how the injuries affect the victim’s life.
Settling or Litigating a Serious Pedestrian Accident Case
If you were seriously injured in a pedestrian accident where a driver ran you over, deciding whether to settle or take your case to court can be one of the most critical choices you make. This decision depends on many factors, including the strength of your evidence, the amount of money the insurance company is offering, and how long you’re willing to wait for compensation.
Settling a case means reaching an agreement with the driver’s insurance company before going to trial. Settlements are faster and less stressful than court. You can get compensation for your medical bills, lost income, pain and suffering, and other damages without facing a judge or jury. However, settlements often come with trade-offs. Insurance companies may offer less money than what you might win at trial. Once you accept a settlement, you usually can’t go back and ask for more, even if your condition gets worse.
Litigating a case, on the other hand, means taking your case to court. It can lead to a higher payout, especially if your injuries are severe and your case is strong. A jury might award more for pain, suffering, and long-term impact than the insurance company is willing to offer. But going to trial takes time—often years—and involves more legal costs and emotional stress. There’s also a risk: if the jury sides with the driver, you can end up with nothing.
Speaking with an experienced pedestrian accident lawyer who can review your case and help you understand your options is vital. A lawyer can evaluate the strength of your evidence, such as witness statements, medical records, and accident reports. They can also calculate the value of your damages, negotiate with the insurance company on your behalf, and guide you through a trial if needed.
Ultimately, the choice between settling and litigating depends on your goals, your patience, and how much risk you’re willing to take. Some victims want closure and financial support as soon as possible. Others want to hold the driver fully accountable in court. Either path should be based on careful legal advice and a full understanding of your rights.
Call an Experienced Pedestrian Accident Lawyer Right Away
When you are run over, you can sustain serious injuries and temporary or permanent loss of income. If you have been in a pedestrian accident, you are not alone. A knowledgeable personal injury attorney can review your legal rights and assess the accident. They can file a claim or lawsuit on your behalf if necessary. They will then take the actions to maximize the compensation you recover for your injuries.
