Why Do I Need a Pedestrian Accident Lawyer?
Pedestrian accidents are not a term we particularly care for. In reality, when someone is hit by a vehicle, it’s rarely ever an accident. Rather, it’s the predictable result of a driver who made a conscious decision to either flout the law or operate their vehicle recklessly and irresponsibly. Yet even when the driver was clearly at fault, insurance companies will look for any way to shift blame to an innocent pedestrian, downplay their injuries, and avoid paying what they are owed.
When the insurance company is only looking out for its interests, you need someone looking out for yours. Our Arkansas pedestrian accident lawyers take these cases personally, and unlike the insurance company, we care about you and your future. If you hire our firm, we’ll leverage all of our resources and experience to fight for the compensation you deserve.
- Thorough Investigation: We investigate the accident scene inside and out, gather critical evidence, and draw on our deep knowledge of traffic laws to build a compelling case proving the driver was negligent.
- Insurance Negotiations: We handle all communications with insurance companies to ensure you receive fair compensation—not a lowball settlement. Once you hire our firm, the insurance company can’t even contact you; they must go through us. You won’t have to worry about missing deadlines, making a mistake, or being pressured to accept an unfair settlement. You’ll be free to focus all your energy on your physical recovery.
- Expert Legal Navigation: Pedestrian accident laws vary by state. We’ll help you navigate Arkansas, Missouri, and Oklahoma’s specific statutes, including comparative negligence laws, to maximize your recovery.
- Comprehensive Damage Assessment: The insurance company will try to limit your payout to your initial medical bills. We evaluate every aspect of your losses—medical expenses, lost wages, pain and suffering, future rehabilitation costs, and the overall consequences for your life—to ensure nothing is left on the table.
Pedestrian Accident Statistics: A Public Health Crisis
Across the United States, negligent drivers hit and run over hundreds of thousands of innocent pedestrians every year, killing thousands and severely injuring untold others. These avoidable crashes are a serious public health crisis, and the regions we serve are no exception.
- Arkansas: Según el Governors Highway Safety Association (GHSA), Arkansas recorded 68 pedestrian fatalities in 2023. The state’s pedestrian fatality rate of 2.22 per 100,000 people stood above the national average of 2.19.
- Misuri: Missouri recorded 126 pedestrian fatalities in 2023. While the state’s pedestrian fatality rate—2.03 per 100,000 people—was slightly below the national rate, Missouri’s urban centers had elevated pedestrian crash rates.
- Oklahoma: Oklahoma recorded 72 pedestrian fatalities in 2023, while the pedestrian fatality rate stood at 1.78 per 100,000 people.
These statistics represent real people—mothers, fathers, sisters, brothers, sons and daughters—whose lives and futures were cut short because a negligent driver chose to act carelessly and recklessly behind the wheel. These crashes don’t have to happen, and they never should.
Where Do Most Pedestrian Collisions Happen?
While pedestrians can be hit anywhere vehicles and people share the road, certain environments and locations present much greater risk.
Urban Areas and City Streets
The majority of pedestrian accidents occur in densely populated cities like Little Rock and Fayetteville, where high traffic volumes and heavy foot traffic create dangerous conditions. Busy intersections, entertainment districts, and shopping corridors are common hotspots.
Crosswalks and Intersections
Despite being designed for pedestrian safety, crosswalks remain dangerous because drivers fail to yield the right-of-way, speeding vehicles can’t stop in time, and distracted or impaired drivers fail to notice pedestrians crossing. Unmarked crosswalks are especially hazardous, as some drivers do not recognize them as pedestrian-priority zones. In Arkansas, Missouri, and Oklahoma, pedestrians generally have the right-of-way at both marked and unmarked crosswalks—but that legal protection means nothing if a driver ignores it.
Parking Lots and Driveways
Pedestrians are frequently struck in parking lots or near driveways due to limited sightlines and distracted drivers backing out without checking for foot traffic. Large shopping centers, grocery stores, and commercial properties are particularly risky.
Zonas escolares y áreas residenciales
Children walking to school and pedestrians in residential neighborhoods are especially vulnerable, particularly where traffic signals, speed bumps, and crossing guards are absent. Despite lower speed limits, no road or street is safe from the threat of distracted or speeding drivers.
Areas with Poor Lighting or Visibility
Nationwide, approximately 77% of fatal pedestrian crashes occur after dark. Roads with dim or absent streetlights, sharp curves, or obstructed sightlines dramatically increase the risk of a fatal collision.
Construction Zones and Areas with Poor Road Conditions
Hazards like potholes, uneven sidewalks, and poorly marked crosswalks can force pedestrians into unsafe areas. Construction zones present additional danger when foot traffic is redirected near active vehicle lanes.
Common Causes of Pedestrian Injuries and Deaths
Few pedestrian crashes are unavoidable. Drivers owe a duty to everyone on the road to operate their vehicles safely. Yet every year, thousands of pedestrians are injured and killed because of dangerous driving behaviors, such as:
- Conducción distraída: Texting, phone calls, or in-car entertainment takes a driver’s attention off the road—and off pedestrians.
- Exceso de velocidad: Drivers traveling too fast have less time to react to pedestrians, and higher impact speeds lead to more severe injuries.
- Failure to Yield the Right-of-Way: Drivers frequently fail to stop at crosswalks, even when pedestrians have the legal right to cross.
- Driving Under the Influence (DUI): Alcohol or drug impairment significantly reduces a driver’s ability to see and react to pedestrians. In 2022, 18.5% of pedestrian fatalities nationally involved a driver with a blood alcohol concentration (BAC) of 0.08 or higher.
When a pedestrian’s life is forever changed due to a driver’s negligence, it’s critical to hold that driver accountable. Doing so not only helps secure some semblance of justice and compensation for the victim and their family, but also sends a powerful message that reckless driving won’t be tolerated. Pedestrians deserve to feel safe and protected on our streets, and seeking accountability is an important step toward building safer communities for everyone.
Common Pedestrian Crash Injuries
A pedestrian has no protection when a vehicle strikes them. The body directly absorbs the full impact of the crash; they might fall under the vehicle or be thrown several feet with great force, leading to life-long catastrophic injuries like:
- Lesiones cerebrales traumáticas (LCT): These injuries range from concussions to severe brain damage, and can lead to lasting cognitive impairment, personality changes, and loss of function. TBIs often require long-term rehabilitation and ongoing medical care.
- Lesiones de la médula espinal: Damage to the spinal cord can cause partial or complete paralysis, permanently affecting a victim’s mobility and quality of life. Treatment often involves surgery, rehabilitation, and lifelong medical management.
- Fracturas: Fractures to the legs, arms, ribs, and pelvis are extremely common in pedestrian accidents, often requiring surgery and extended recovery periods that prevent victims from working.
- Lesiones de tejidos blandos: Sprains, strains, bruises, and lacerations may seem minor, but can cause significant pain and long-term complications if not properly treated.
- Lesiones internas: Internal bleeding and organ damage are life-threatening conditions that may not be immediately apparent and require emergency medical intervention.
- Facial Injuries: Fractures to the jaw, dental damage, and eye injuries can be physically disfiguring and emotionally traumatic, often requiring multiple surgical procedures.
- Road Rash and Severe Abrasions: These injuries occur when a pedestrian is dragged across pavement, causing deep tissue damage and a high risk of infection.
- Dislocations: Joint dislocations—particularly of the shoulder, hip, or knee—are painful and can cause permanent instability if not properly treated.
- Daño nervioso: Peripheral nerve damage can cause chronic pain, numbness, and loss of function in affected limbs, and may be permanent.
- Amputaciones: In the most severe crashes, limb loss may occur at the scene or be medically necessary due to the extent of injury.
Pedestrians don’t recover from these types of injuries in a few days, weeks or sometimes even years. The ramifications can follow them throughout their lives, robbing them of the ability to earn a living, forever altering their relationships with loved ones, and leaving them to navigate an unfamiliar, uncertain new reality.
What to Do After a Pedestrian Accident
The moments following a pedestrian accident can be chaotic and confusing, leaving you unsure of what to do next. But while you’re focused on recovering and making sense of what happened, the negligent driver’s insurance company is already working to minimize their liability and limit your payout. So how can you counter their tactics while preserving both your health and your legal rights?
Call 911
Call or have someone else call 911 to request a police officer and EMTs at the scene. An official police report—driver and witness statements, roadway conditions, and the officer’s initial assessment—may help expedite your insurance claim, and it will serve as vital evidence if you need to take legal action against the insurance company. Provide straightforward answers to any questions law enforcement asks, but stick to the facts and don’t speculate if you’re not sure of something. Even if you think you may have done something that contributed to the crash, keep it to yourself and don’t reflexively offer an apology. The insurance company won’t hesitate to use statements like that against you.
Gather Evidence at the Scene
If you are physically able, document everything. Take photographs of the accident scene, your visible injuries, the vehicle involved, road conditions, and any relevant signage or signals. Note the presence or absence of crosswalk markings, streetlights, and sidewalks. Be sure to get the driver’s full name, contact information, driver’s license number, insurance company, and policy number. Collect contact information from any witnesses—their accounts could prove essential in establishing what happened.
Busque atención médica inmediata
No matter how minor your injuries may seem, get medical attention right away. Some serious injuries—including internal bleeding, concussions, and spinal damage—may not immediately present symptoms. Going to the ER or urgent care will ensure that all your injuries are identified and treated promptly and will create a record tying those injuries to the crash, making it harder for the insurance company to deny causation.
Follow All Medical Advice
Continue with all recommended treatments, therapies, and follow-up appointments. When you don’t follow medical advice, you not only further endanger your health, but also give the insurance company an opening to question the severity of your injuries. Be sure to keep co-pay receipts and other documentation of your out-of-pocket costs to ensure you receive full reimbursement.
Notify Your Insurance Company
Your auto policy typically covers you when you’ve been hit by a car as a pedestrian. Inform your insurer of the crash, but again keep your statement brief and factual. Do not speculate about fault or the extent of your injuries before you have received a full medical evaluation.
Don’t Provide a Statement or Sign Anything
Insurance adjusters are only interested in limiting their company’s payout. Don’t speak with the other driver’s adjuster, sign anything or give a recorded statement until you’ve consulted an attorney. If you try to deal with the insurer on your own, you could be baited into saying something that will hurt your claim. And if you sign or accept a settlement offer, you can’t reopen your case, even if your injuries are worse than you first thought.
Consulte a un abogado especializado en accidentes de peatones
The earlier you involve an attorney, the better. A skilled pedestrian accident lawyer can protect your rights, preserve critical evidence, and begin building your case before memories fade and evidence disappears. Once you have legal counsel, the driver’s insurance company must go through your attorney; they can’t contact you about anything. You can focus on your recovery without an adjuster harassing you to accept a lowball settlement.
Understanding Your Legal Rights as an Injured Pedestrian
Navigating the aftermath of a pedestrian crash can be incredibly difficult, especially if you sustained serious injuries. But it is important to understand that you have specific legal rights. In states like Arkansas, Missouri, and Oklahoma, these protections are in place to ensure your safety and help you secure the justice and compensation you deserve.
- Your Right to Safe Crossings: The law recognizes your vulnerability as a pedestrian. In all three states, drivers are legally required to yield to you at both marked and unmarked crosswalks. When a driver fails in this duty, they can be held responsible for the harm they cause.
- Your Right to Seek Fair Compensation: If a driver’s negligence has left you with injuries, you have the right to seek financial compensation. Not just your medical bills, but the full scope of your losses, including lost income from being unable to work, the physical pain and emotional suffering you have endured, and other related damages.
- Your Right to Take Legal Action: You are entitled to file a personal injury claim to hold the at-fault driver accountable, or a wrongful death lawsuit if you lost a loved one to a pedestrian crash.
- Your Right to a Safe Environment: Sometimes, an accident is not solely a driver’s fault. Local and state governments have a duty to design and maintain reasonably safe roads and walkways. If a poorly maintained sidewalk, broken traffic signal, or other hazardous condition contributed to your accident, a government entity could also be held liable for your injuries.
Our Arkansas pedestrian accident lawyers understand the laws that pertain to pedestrian safety across our region. If you or a loved one were hit or run over by a vehicle, we’ll fight with the tenacity of a bulldog to enforce your rights and secure every dollar of compensation you deserve.
¿Qué indemnización puedes obtener?
If you were injured in a pedestrian accident due to another party’s negligence, you have the right to pursue financial compensation for your losses. While every case is different, the states our Arkansas pedestrian crash lawyers serve generally allow those harmed by negligent motorists to pursue compensation for:
- Gastos médicos: All past and future medical bills related to your injuries, including hospital visits, surgeries, physical therapy, and medications.
- Salarios perdidos: Compensation for income lost during your recovery, as well as future lost earnings if your injuries affect your long-term ability to work.
- Dolor y sufrimiento: Compensation for the physical pain and emotional distress caused by your injuries, including anxiety, depression, and permanent disability.
- Daños materiales: Reimbursement for personal property damaged in the accident, such as a phone, bicycle, or other belongings.
- Sufrimiento emocional: Compensation for the psychological impact of your accident, including PTSD, anxiety, and mental anguish.
- Indemnización punitiva: In cases involving particularly reckless or egregious conduct, you may be entitled to additional damages designed to punish the at-fault party.
If a crash tragically results in the death of a pedestrian, surviving family members may file a wrongful death lawsuit to recover compensation for damages resulting from their loss, including:
- Gastos de funeral y entierro
- Pérdida de los ingresos y del sustento económico de la víctima
- La pérdida del amor, la compañía y la orientación de la víctima
- El sufrimiento emocional y la angustia mental de la familia
Arkansas, Missouri and Oklahoma also allow a victim’s estate to file a survival claim to recover compensation for the damages the deceased suffered between the time of injury and death. This is distinct from a wrongful death claim and provides a path to recover compensation for the pain and suffering, medical expenses, and lost wages the deceased incurred before their passing, which they could have pursued through a personal injury lawsuit had they survived.
How Long Do You Have to File a Pedestrian Accident Claim?
Each state our firm serves enforces a strict deadline, known as the statute of limitations, for filing pedestrian crash lawsuits. Though there are some rare exceptions, missing this deadline usually means forfeiting your right to seek compensation, no matter how serious your injuries are or how strong your case might be.
- Arkansas: 3 years to file for personal injury and wrongful death
- Misuri: 5 years for personal injury claims, 3 years for wrongful death
- Oklahoma: 2 years for personal injury and wrongful death lawsuits
While these timeframes might seem far off, waiting to consult with a lawyer will only hurt you and benefit the insurance company. The sooner you hire a pedestrian crash lawyer, the sooner they can begin building a strong case on your behalf.
Safety Tips for Pedestrians and Motorists
Every case our Arkansas pedestrian accident lawyers have handled was completely preventable. By taking a few simple precautions, pedestrians and motorists can help avoid these crashes and their often tragic aftermath.
For Pedestrians:
- Always look both ways before crossing, and use marked crosswalks whenever available.
- Wear bright or reflective clothing when walking at dawn, dusk, or night to increase your visibility to drivers.
- Stay off your phone and keep your attention on your surroundings at all times.
- Use sidewalks when available; walking on road shoulders significantly increases your risk.
For Motorists:
- Never use your phone, eat, or engage in any activity that takes your attention off the road.
- Slow down and drive with extra caution at night, in bad weather, and in areas with high pedestrian activity.
- Always yield to pedestrians at crosswalks—it’s not just courteous, it’s the law.
You’re Not Alone in This Fight
At Caddell Reynolds, we understand this is one of the most difficult times in your life. Whether you’re struggling to recover from serious or catastrophic injuries, or grieving the unimaginable loss of a loved one due to a negligent driver, you’ve been through enough. You shouldn’t have to deal with a powerful insurance company that won’t look out for your best interests.
Our Arkansas pedestrian accident lawyers can take up the fight for you. We know how insurance companies work, and we know how to beat them—in and out of the courtroom. We don’t back down in the face of powerful interests; we’re ready to fight for the money you and your family need to rebuild your lives.
Call us at 800-671-4100 or contact us through our website to schedule your free consultation with an experienced, compassionate Arkansas pedestrian accident lawyer. We’re available 24/7 to listen to your story, explain your rights and options, and discuss what it might take to win your case.
