Key Legal Elements of Pedestrian Accident Lawsuits

• Duty of Care. The defendant (often a driver) owed a legal duty to exercise reasonable care to avoid injuring pedestrians. Drivers are expected to follow traffic laws and be vigilant, especially in areas where pedestrians are likely to be present.

• Breach of Duty. The defendant breached this duty by acting negligently-such as speeding, distracted driving, failing to yield, or violating other traffic laws.

• Causation. There must be a direct link between the defendant’s breach and the pedestrian’s injuries. The plaintiff must show the accident would not have occurred but for the defendant’s actions.

• Damages. The plaintiff suffered actual harm, which may include medical expenses, lost income, pain and suffering, and more. 

Proving Liability

• Evidence Collection: Strong evidence is essential, including accident reports, witness statements, traffic camera footage, medical records, and expert testimony such as accident reconstruction.
• Violation of Traffic Laws: Proving the defendant violated specific laws (e.g., failing to yield at a crosswalk) can strengthen the case.
• Comparative Negligence: If the pedestrian shares some fault (e.g., jaywalking or being distracted), compensation may be reduced according to the percentage of fault assigned. Most states follow comparative negligence rules, allowing partial recovery even if the pedestrian is partly at fault.

Potential Defendants

• Drivers: Most commonly, the at-fault driver is sued.
• Employers: If the driver was working at the time, their employer may also be liable.
• Other Parties: In some cases, entities responsible for road maintenance or vehicle manufacturers may be included if their negligence contributed to the accident.

Compensation Available

Victims of pedestrian accidents may be entitled to compensation for:

• Medical expenses (past and future)

• Rehabilitation costs

• Lost wages and loss of earning capacity

• Pain and suffering

• Property damage

• Wrongful death damages (if the accident was fatal)

• Loss of companionship or support

• Disfigurement or scarring

Statute of Limitations

Filing Deadline: There is a limited time to file a lawsuit, often two years from the date of the accident, but this varies by state. Missing the deadline can bar recovery.

Legal Process

• Investigation: Attorneys gather evidence and determine liability.
• Filing a Claim: The process may start with an insurance claim or proceed directly to a lawsuit.
• Negotiation and Settlement: Many cases settle before trial, but some go to court for a verdict.
• Trial: If no settlement, the case is presented before a judge or jury.

Defense Considerations

• Challenging Causation or Damages: The defense may argue the injuries were not caused by the accident or were pre-existing.
• Disputing Fault: The defense may claim the pedestrian was at fault or partially at fault, reducing or eliminating liability.