Legal Rights of Pedestrians Injured by Vehicles

Walking should be one of the safest and most basic ways to get around. But for many pedestrians, a routine walk can turn into a life-altering moment when a vehicle enters the picture. Whether you're crossing the street, walking on the sidewalk, or navigating a parking lot, you have rights as a pedestrian. And if a driver hits you, it is important to understand those rights clearly.

Pedestrians Have the Right of Way in Most Situations

In many areas, the law gives pedestrians the right of way in marked crosswalks and intersections. This means that drivers are expected to yield, slow down, or stop completely when someone is crossing the street lawfully. Even when crossing outside of a designated crosswalk, drivers still have a responsibility to exercise reasonable care. That includes being alert and aware of pedestrians in the road.

Unfortunately, not all drivers take that responsibility seriously. Speeding, texting, and distracted driving are common causes of pedestrian accidents. When a vehicle hits someone who is walking, the outcome is often severe. Pedestrians have no protection from impact, which makes the injuries particularly serious.

Fault Matters in Pedestrian Accidents

When it comes to legal rights, one of the key factors is determining fault. In most pedestrian injury cases, the driver is found to be at fault. However, there are situations where both the pedestrian and the driver may share responsibility. For example, if a pedestrian crosses in an area with no crosswalk and does not check for traffic, this may be considered partial fault.

Each state handles shared fault differently. In some states, pedestrians can still recover compensation even if they were partially at fault, as long as the driver was more responsible. Understanding how your state handles these cases can help clarify what options are available to you.

Compensation May Cover More Than Just Medical Bills

If a driver is found liable for hitting a pedestrian, the injured person may be entitled to compensation. This includes medical expenses, both immediate and ongoing, lost income if the injury prevents returning to work, and emotional suffering related to the accident. Some injuries affect daily life for months or even years. Legal compensation is meant to help account for that disruption.

What to Do After the Accident

If you are hit by a vehicle, the most important step is to seek medical attention right away. Even if you think you're fine, some injuries may take time to show symptoms. Keep records of every visit, diagnosis, and treatment. If possible, gather information at the scene. This includes the driver’s name, insurance details, and contact information for any witnesses. Photos of the location, vehicle, and your injuries can also be helpful.

It is also a good idea to speak with a lawyer who focuses on personal injury cases. A car accident lawyer like Daniel Kim can help explain your legal rights in detail and make sure the evidence from the scene is preserved. Having someone experienced on your side also helps when dealing with insurance companies who may try to minimize your claim.

Moving Forward After the Injury

Being struck by a vehicle is a traumatic experience. The recovery process can be long, painful, and stressful. But you do not have to face it alone. Knowing your rights and working with the right legal support can help you find a sense of control during a time when so much feels uncertain.