Pedestrians are among the most vulnerable road users, facing serious risks when drivers fail to follow traffic laws. If you or a loved one has been injured in a pedestrian accident due to a negligent driver, unsafe road conditions, or other hazards, you may be entitled to compensation. Gagliano Law, PLLC, helps injured pedestrians understand their rights and navigate the legal process to seek fair compensation.
Understanding Your Rights After a Pedestrian Accident
Pedestrians have legal protections under state and local laws, but their ability to recover compensation depends on factors such as negligence, insurance coverage, and the specific laws in their state.
- Pedestrian right-of-way laws vary by state – In most cases, pedestrians in marked crosswalks have the right of way, but some states hold pedestrians partially responsible if they cross outside designated areas.
- Comparative vs. contributory negligence – Some states allow pedestrians to recover damages even if they share partial fault, while others bar recovery if the pedestrian is even slightly at fault.
- Hit-and-run accidents – If the driver flees the scene, you may still have options for seeking compensation, including uninsured motorist coverage.
Understanding these laws can be challenging, but having legal guidance can help ensure you take the right steps.
What to Do After a Pedestrian Accident
Taking immediate action after a pedestrian accident can make a significant difference in your recovery and legal claim.
- Seek medical attention – Even if you feel fine, injuries may appear later.
- Call the police – A police report creates an official record of the accident.
- Gather evidence – Take photos of the scene, injuries, and any involved vehicles.
- Obtain witness information – Witness statements can support your claim.
- Avoid admitting fault – Do not speculate about who was at fault.
- Consult an attorney – An attorney can help you understand your rights and legal options.
The Legal Process for Pedestrian Accident Claims
If you’ve been injured as a pedestrian, here’s what to expect when pursuing a personal injury claim:
1. Case Evaluation
An attorney will review the accident details, medical records, and evidence to determine if you have a strong case.
2. Investigation and Evidence Gathering
This includes obtaining traffic camera footage, witness statements, medical records, and police reports to build your case.
3. Filing an Injury Claim
A claim is submitted to the at-fault party’s insurance company, outlining the damages you are seeking.
4. Negotiation with Insurance Companies
Insurance companies often try to minimize payouts. Your attorney will negotiate on your behalf to seek fair compensation.
5. Litigation (If Necessary)
If a fair settlement isn’t reached, your case may proceed to court, where evidence is presented to secure compensation.
No Payment Unless You Receive Compensation
Pursuing a personal injury claim can feel overwhelming, especially with medical bills and lost wages. At Gagliano Law, PLLC, we handle pedestrian accident cases on a contingency basis, meaning you don’t pay unless compensation is secured on your behalf.
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