Being hit by a vehicle as a pedestrian is a terrifying and often life-changing experience. Following such an incident, you may be left with serious injuries, emotional trauma, and overwhelming financial burdens. One of the first questions many victims ask is whether they can hold the driver legally accountable.
You are allowed to sue someone for running you over if their negligence or wrongful actions caused the accident. Personal injury laws in every state protect pedestrians and give them the right to seek compensation when they are harmed by a careless or reckless driver. However, the foundation of your claim will depend on proving that the driver was at fault and that their negligence is linked directly to your injuries. It is therefore in your best interest to work with a Manassas pedestrian accident lawyer to build a claim that can hold negligent drivers financially accountable.
What Are Your Rights as a Pedestrian?
Pedestrians are protected by laws that require drivers to act with reasonable care, especially in areas where foot traffic is expected. When a motorist violates these responsibilities and causes injury, the pedestrian has the right to hold that driver legally and financially accountable.
Drivers are expected to:
- Yield to pedestrians in crosswalks, as required by state and local traffic laws.
- Obey traffic signals and speed limits, especially near schools, intersections, and residential zones.
- Maintain a proper lookout for pedestrians, including those crossing the street mid-block or walking along the roadside.
- Exercise extra caution in areas with heavy foot traffic, such as downtown corridors, parking lots, or near public transit stops.
- Take additional precautions during adverse weather conditions, including reduced visibility or slippery roads, which may increase the risk of a collision.
If a driver fails in these duties and causes harm, you have the legal right to pursue compensation. These rights are not dependent on your location alone, but they apply across various settings, including sidewalks, intersections, and even private property, depending on the circumstances.
Causes of Pedestrian Accidents
Pedestrian accidents are almost always the result of preventable behavior. While some accidents stem from unfortunate circumstances, many are caused by negligent actions, especially on the part of drivers. Pinpointing the causes of these incidents is important because identifying the cause is one of the first steps in building a strong legal claim. It helps determine fault, which directly affects your ability to recover compensation.
Here are the causes of collisions involving running over pedestrians:
- Distracted Driving: Drivers who text and drive at the same time may take their eyes off the road long enough to miss someone in a crosswalk or walking along the shoulder.
- Speeding: Speeding increases the severity of injuries and reduces a driver’s ability to stop in time if a pedestrian is present. Even a few extra miles per hour can turn a close call into a devastating impact.
- Failure to Yield at Crosswalks: Many pedestrian accidents occur when drivers ignore traffic laws requiring them to yield at marked or unmarked crosswalks, especially when turning at intersections.
- Driving Under the Influence: Impaired driving distorts judgment, reaction time, and vision. Impaired drivers are a risk to pedestrians, who are far less visible than other vehicles.
- Poor Visibility or Low-Light Conditions: Accidents frequently happen at dawn, dusk, or nighttime, particularly in poorly lit areas where drivers may fail to see someone crossing the road or walking alongside traffic.
- Left-Hand Turns: Drivers making left turns at intersections often focus more on oncoming cars than on people crossing in their path, leading to a common yet dangerous scenario for pedestrians.
- Backing-Up Accidents: Drivers reversing without checking blind spots can easily miss pedestrians walking behind their vehicles.
Each of these causes is linked to some form of driver negligence. When drivers fail to drive reasonably safely, they become liable for the harm they cause. However, not all causes are immediately obvious; some may involve shared blame, defective traffic signals, or road conditions. This is why a thorough investigation is essential after a pedestrian accident.
By identifying the cause of your accident, you create a straightforward narrative of how the incident occurred and why the driver should be held responsible. This lays the foundation for pursuing damages and makes it easier to hold the at-fault party accountable.
Establishing Liability in a Pedestrian Accident Case
Establishing liability is the cornerstone of any successful pedestrian accident claim. It’s not enough to say you suffered an injury, but you must prove that someone else was legally responsible for causing your injuries. This process starts with investigating the events leading up to the accident and ends with a compelling presentation of evidence showing that the driver acted negligently or recklessly.
In a pedestrian accident case, liability hinges on showing that the driver breached their legal obligation of care through their actions and caused your injuries as a result. This is known as proving negligence. For example, if a driver ran a red light and hit you in a crosswalk, that’s a clear breach of duty. But not all cases are this straightforward, because sometimes, the driver and pedestrian may share the blame, where contributory negligence laws will apply.
To build a winning case, your attorney will gather evidence, including:
- Police reports
- Eyewitness
- Surveillance or traffic camera footage
- Medical records
- Photos of the scene
- Expert witnesses
- Cell phone or vehicle data
Collecting and organizing this evidence is not a passive process. It involves legal subpoenas and collaboration with investigators to make the evidence stronger. The more pressure you place on the at-fault party and their insurer, the more likely they are to offer fair compensation or risk a trial. That’s what makes the difference between a dismissed claim and a successful settlement or verdict.
How To Sue After Someone Runs Over You
If you’ve been run over and suffered injuries, filing a lawsuit may be the most effective way to hold the driver accountable and recover compensation. However, this process involves proper legal steps, strategic planning, and solid documentation. Properly managing the legal system after such a traumatic event can empower you to take control of your recovery and protect your rights.
Once your immediate medical needs are addressed, begin documenting everything related to the incident. Take clear photos and videos of the scene, your visible harm, and the items damaged. Note weather conditions, road layout, and traffic signs. If there were witnesses, collect their names and contact information. These early details can provide context when establishing what happened and who was at fault.
Next, make sure the accident is reported to law enforcement. A police report creates an objective, third-party record of the incident, often including statements from the driver, witnesses, and responding officers. This report is a valuable piece of evidence that may influence both insurance negotiations and court proceedings.
At this point, contacting a pedestrian accident attorney is highly advisable. A lawyer can assess the soundness of your claim, help identify liable parties, and ensure you’re not pressured into accepting a lowball insurance settlement. They’ll take over investigations and engage insurers to lay the groundwork for a legal claim.
Most cases begin with an insurance claim filed against the at-fault driver’s policy. You may not need to proceed if the insurer offers a satisfactory settlement. However, if negotiations fail or the insurer denies liability, your lawyer can file a formal lawsuit in civil court to seek a fair outcome.
Once you have launched the lawsuit, the pre-trial phase begins. This stage involves discovery, where both parties exchange evidence, conduct depositions, and file legal motions. Many pedestrian accident lawsuits settle at this point, especially when the evidence supports your claim. If you can not reach an agreement, the case is advanced to litigation, where a judge or jury decides whether the driver is liable and how much compensation you deserve. The process can help bring closure and stability after a traumatic experience with legal guidance.
Challenges You May Face When Seeking Compensation
While the law entitles injured pedestrians to seek compensation, obtaining it can be far from simple. Several obstacles may arise during the legal process, and how you manage them can significantly affect the outcome of your case. Preparing for potential challenges in advance is vital so you can be ready mentally, legally, and financially.
Some of the challenges you can face include:
Negligent Drivers Who Deny Responsibility
One of the most frustrating obstacles is when the at-fault driver refuses to accept blame. Even if the driver violated a traffic law, they might attempt to shift the blame onto you. They might argue that you crossed outside a crosswalk, were distracted, or darted into traffic. In such cases, you’ll need solid evidence and legal advocacy to refute these claims and prove the driver’s negligence.
Dealing with Insurance Companies
Insurance carriers are not in the business of paying out large settlements easily. Their adjusters may question your injuries, dispute the facts of the accident, or delay processing your claim. Some may offer quick, lowball settlements before you’ve had time to assess the full extent of your damages. Others might flat-out deny your claim. Having an attorney handle all communications with insurers ensures your rights are protected, and you’re not taken advantage of during a vulnerable time.
Gathering Evidence
Strong evidence is the backbone of any successful injury claim, but gathering it isn’t always straightforward. Surveillance footage can be erased, witnesses may be hard to locate, and accident reports can sometimes contain incomplete or conflicting information. If you waited to seek medical treatment, insurers may question whether your injuries were caused by the accident at all. This is why you need to work with a lawyer early to secure valuable evidence before it disappears.
Reliving the Trauma
Taking legal action after being run over can be emotionally taxing. Retelling the incident repeatedly to lawyers, doctors, and possibly a courtroom can trigger anxiety, depression, or PTSD. Some victims feel overwhelmed by the process and are tempted to give up or settle for less just to avoid reliving the trauma. A compassionate legal team can help ease this burden by shielding you from unnecessary stress and letting you focus on healing.
The Legal Complexity
Personal injury law can involve complex legal principles like comparative fault principles, contested liability, or cases involving multiple defendants. In addition, if you miss legal deadlines or file incomplete documents, it can derail your case. Managing these complexities with the assistance of legal representation can enhance your likelihood of receiving your rightful compensation.
Why You Need a Pedestrian Accident Attorney
Pedestrian accident cases can involve disputed facts, serious injuries, and multiple layers of insurance coverage. A pedestrian accident attorney brings clarity to that complexity by taking over the legal legwork. While you focus on your recovery, your attorney works to build a claim that accurately reflects your injuries, losses, and circumstances.
An attorney’s role in your claim involves the following:
- Investigating the accident, gathering evidence, and determining who is legally responsible.
- Communication with the insurance company and protecting you from being pressured into an unfair settlement.
- Lawyers understand how to value your claim, including future medical needs, lost earning potential, and non-economic losses.
- Managing deadlines, filing court documents, and ensuring your claim complies with legal requirements.
- Bringing in accident reconstructionists or medical specialists to strengthen your case.
- Escalating your case to trial and presenting it compellingly.
Legal representation removes much of the stress from the process and improves your chances of recovering full compensation. Rather than navigating unfamiliar procedures while dealing with pain and emotional strain, you’ll have someone advocating for your best interests at every stage. A pedestrian accident lawyer helps level the playing field and positions your case for the strongest possible outcome.
Talk to a Lawyer Immediately for Legal Support
You need to take swift legal action to build a successful personal injury claim involving a pedestrian accident. Every day that passes can mean lost evidence, fading witness memories, and reduced leverage in negotiations with insurers. Hiring a pedestrian accident lawyer right away gives you a strong head start. An attorney will immediately begin gathering critical evidence as you concentrate on your recovery. Speak with a Manassas personal injury lawyer today to explore your options.