In recent years, pedestrian accidents have tragically claimed thousands of lives, with over 7,500 fatalities reported in a recent year, the highest number in more than 40 years. These statistics represent real people whose lives were changed in an instant.
If you or someone you love was hit by a car, you’re likely dealing with more than just physical pain. The emotional stress, mounting medical bills, and questions about what to do next can feel overwhelming. And while nothing can undo what happened, proving that the driver was negligent is a vital step toward getting the accountability and compensation you deserve.
You don’t have to carry that burden alone. A Jonesboro pedestrian accident attorney can take the lead, protect your rights, and ensure your voice is heard at every step.
What to Do Immediately After a Pedestrian Accident
After a pedestrian accident, your health comes first. Once you’ve received medical attention, it’s natural to feel unsure about what to do next. This phase of recovery can feel isolating, but you’re not alone — there are steps you can take to protect your rights and begin building a strong case.
- Continue medical care and keep records. Even if you feel stable, follow up with your doctors and save all medical documentation. These records can help show the full impact of your injuries, both physically and financially.
- Preserve any evidence you have. If you can, take photos of the accident scene, your injuries, or vehicle damage. These images can be incredibly valuable when your lawyer begins building your case. If you’re unable to gather evidence at the scene, don’t worry—your pedestrian attorney can help collect it later.
- Write down what you remember. Memories can fade quickly. Make a note of everything you recall about the accident — where you were, what the driver did, and anything that stood out to you.
- Avoid speaking with insurance adjusters. The driver’s insurance company might contact you. It’s important not to make statements or accept a settlement without legal guidance. Their goal is often to close the case quickly, not fairly.
- Reach out to a pedestrian accident attorney. The sooner you involve a lawyer, the more they can do to protect you. From preserving evidence to handling insurers, a pedestrian accident lawyer can take on the legal burden so you can focus on healing.
Taking action after the accident doesn’t mean doing everything yourself. A pedestrian accident attorney can walk you through each step, ensuring you’re not taken advantage of during a vulnerable time.
Key Elements to Prove Driver Negligence in Pedestrian Accidents
Four critical elements need to be established to successfully prove negligence in a pedestrian accident case. These elements form the legal foundation of your case, and each one builds upon the next to demonstrate that the driver’s actions directly led to your injuries.
Duty of Care
All drivers are legally responsible for driving with care, caution, and attention. This duty includes obeying traffic laws, following speed limits, and being aware of pedestrians.
For example, drivers must yield the right of way to pedestrians at crosswalks and stop when traffic signals indicate it’s safe for people to cross. This duty of care ensures that drivers take the necessary precautions to prevent harm to those walking on the road.
Breach of Duty
The second element is proving that the driver breached their duty of care. A breach occurs when a driver fails to act as a reasonable person would under similar circumstances. Some common examples of breaches in pedestrian accidents include:
- Distracted driving: A driver texting or using their phone while driving is failing to stay alert to the road and pedestrians.
- Speeding: A driver exceeding the speed limit, especially in areas where pedestrians are likely, creates a risk of serious harm.
- Driving under the influence: When a driver operates a vehicle while impaired by alcohol or drugs, their judgment and reaction time are compromised, making them a danger to pedestrians.
If the driver engaged in any of these actions or failed to take reasonable precautions, their breach of duty is evident.
Causation
The breach of duty must directly cause the accident, linking the driver’s negligence to your injuries. For instance, if a driver was texting and didn’t see you crossing the street, their distraction would be the cause of the crash.
Proving this link can be challenging, as it requires clear evidence showing the driver’s actions led to the accident. A pedestrian accident lawyer can help connect the dots and strengthen your case.
Damages
Finally, to prove negligence, you must show that the accident caused actual damages. These damages can be physical, emotional, or financial. Common types of damages in pedestrian accident cases include:
- Medical bills: Expenses related to immediate treatment, ongoing care, and rehabilitation.
- Lost income: If you were unable to work due to your injuries, you may be entitled to compensation for lost income.
- Pain and suffering: Non-economic damages for the physical and emotional distress caused by the accident.
- Other financial losses: This can include property damage or future medical costs.
To win a pedestrian accident case, you must prove duty of care, breach of duty, causation, and damages. Your pedestrian accident lawyer can help gather evidence, identify witnesses, and build a strong case to show the driver’s negligence and secure the compensation you deserve.
What Negligence Laws Mean for Pedestrian Safety
Negligence laws are in place to hold drivers accountable when they fail to drive safely. These laws are especially important for pedestrians, who are more vulnerable to accidents. When drivers don’t meet their responsibilities—like yielding at crosswalks, obeying traffic signals, or avoiding distractions—they can be held responsible for the injuries they cause.
These laws help protect pedestrians, ensuring drivers take proper precautions and act with care. Understanding negligence laws shows how the legal system supports pedestrian safety. With the help of a pedestrian accident attorney, you can use these laws to prove the driver’s fault and get the compensation you deserve for your injuries.
Common Causes of Pedestrian Accidents
Negligence is the foundation of most pedestrian accident claims. It’s the legal idea that drivers have a responsibility to drive with care. They can be held responsible when they fail to do so and someone gets hurt. Identifying the driver’s negligent actions is critical in building your case if you’ve suffered an injury.
Here are a few common examples of driver negligence in pedestrian accidents:
- Failing to yield – Ignoring crosswalks, traffic signals, or pedestrians with the right of way.
- Distracted driving – Using a phone, adjusting the radio, or doing anything else that takes attention off the road.
- Speeding – Driving too fast in areas with foot traffic, especially near schools or intersections.
- Driving under the influence – Alcohol or drugs impair judgment, coordination, and reaction time, often with devastating consequences.
Proving negligence is key to a successful pedestrian accident claim. Your personal injury lawyer can help identify the driver’s careless actions, gather evidence, and build a strong case to secure the compensation you deserve.
How to Gather Evidence to Strengthen Your Pedestrian Accident Case
After a pedestrian accident, gathering the right evidence is essential to building a strong case. Without it, proving the driver’s fault can be difficult, but you don’t have to handle this alone. Your pedestrian accident lawyer will help gather the needed evidence and ensure your case is as solid as possible.
Eyewitness Testimonies
Eyewitnesses can provide important details about what happened before, during, and after the accident. Their statements can help confirm facts like whether the driver followed the rules or if the pedestrian had the right of way. These testimonies can strengthen your case by clarifying key details.
Traffic Camera Footage and Surveillance Videos
Traffic cameras and nearby security cameras can capture the accident. This footage can show important facts, like whether the driver ran a red light or failed to stop for a pedestrian. Video evidence is powerful in proving the driver’s negligence.
Police Reports and Accident Documentation
When police respond to the scene, they document everything in a report. It may include the accident’s location, weather, road conditions, and traffic violations. Police reports are important because they are official documentation supporting your version of events.
Professional Testimony
In some cases, professionals like accident reconstructionists can help. They look at evidence, such as vehicle damage and crash angles, to explain what happened during the accident. Professional testimony can help clarify the cause of the accident and prove the driver’s negligence.
Building a strong case requires gathering and preserving key evidence. Your pedestrian accident attorney knows how to collect, store, and present this evidence to strengthen your claim and help ensure fair compensation for your injuries, medical expenses, and lost income.
What Are the Criminal Charges for Hitting a Pedestrian?
When a driver hits a pedestrian, criminal charges may follow, especially if the driver was reckless or impaired. Although criminal cases are separate from personal injury claims, they can strengthen your case.
Here are some common charges that may apply:
- Reckless Driving: If the driver operated their vehicle with no regard for others’ safety, such as speeding, ignoring traffic signals, or driving aggressively.
- DUI (Driving Under the Influence): If the driver was intoxicated or under the influence of drugs, impairing their ability to react properly and making the accident more likely.
- Hit-and-Run: If the driver leaves the accident scene without providing help or exchanging information, showing a lack of responsibility.
- Vehicular Manslaughter: In cases where the driver’s actions result in the death of a pedestrian, leading to severe criminal charges.
While these charges are handled separately, a criminal conviction can serve as powerful evidence of the driver’s negligence in your personal injury case. It helps to strengthen your claim for justice and compensation.
Understanding the Statute of Limitations for Pedestrian Accident Claims
The statute of limitations is the time limit for filing a personal injury lawsuit. If you miss this deadline, you may lose your chance to get compensation for your injuries. In most states, you have one to three years from the accident to file a claim, but this can vary depending on where the accident happened. It’s important to know the specific rules for your state.
Acting quickly is important. The sooner you reach out to a pedestrian accident lawyer, the sooner they can gather evidence and protect your rights. Contacting a lawyer soon can help ensure you don’t miss any deadlines and keep the evidence you need for your case.
Settling vs. Going to Trial in a Pedestrian Accident Case
Whether your case should settle or go to trial depends on various factors. Here’s an overview of both options and what to consider.
- Settling: Many cases settle before going to trial. A settlement can provide quicker compensation, but it may be lower than what you can receive from a trial. A lawyer will help decide if the settlement offer is fair or if you should proceed to court.
- Going to trial: If the insurance company is unwilling to offer a fair settlement, your lawyer will help prepare for trial. While it can be a longer process, a trial may lead to a more substantial compensation award.
Your pedestrian accident attorney will help you decide the best path forward. They will fight to ensure you receive fair compensation, whether you settle or go to trial.
Start Building Your Case Today
Proving negligence in a pedestrian accident is vital to getting the compensation you deserve, and it’s not something you should have to face alone. The process can feel overwhelming — from gathering evidence to dealing with insurance companies and understanding legal steps. A personal injury lawyer can support you throughout, helping to ensure you get what you’re truly entitled to.
If you or a loved one has suffered injuries in a pedestrian accident. You’ve already shown incredible strength by making it this far. Now, take the first step toward securing the compensation and justice you deserve by contacting a Jonesboro personal injury lawyer who will fight for your rights. They’re standing by to help, call today.