When most people think of personal injury cases involving vehicles, they imagine two cars colliding on a busy road. But pedestrian accidents—when a person on foot is hit by a car, truck, or other vehicle—are uniquely different, as our Raleigh, NC pedestrian accident lawyer can explain. While they may fall under the broader category of traffic accidents, pedestrian injury cases involve distinct legal, medical, and investigative challenges.
If you or a loved one has been hit by a vehicle while walking, understanding how these cases differ from typical car accidents can help you navigate the legal process and protect your rights.
The Injuries Are Often More Severe
Unlike motorists, pedestrians don’t have the protection of a vehicle frame, seat belts, or airbags. This lack of protection means that pedestrian accidents frequently result in serious, life-altering injuries such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal bleeding
- Permanent disfigurement
- Wrongful death
These severe injuries often require long-term medical treatment, rehabilitation, and significant financial compensation. Proving the full extent of these damages is more complex than in a typical car accident case.
Determining Liability Can Be More Complicated
In car-on-car collisions, liability is often based on traffic violations or clear-cut evidence like dashcam footage. In pedestrian accidents, things aren’t always so straightforward. The driver may claim the pedestrian “darted out” into traffic or was crossing outside a designated crosswalk. Meanwhile, poor lighting, obscured signage, or malfunctioning traffic signals may have played a role.
It takes our experienced pedestrian accident lawyer to conduct a thorough investigation, gather witness statements, and obtain surveillance footage or accident reconstruction reports to establish liability.
Insurance Companies May Be More Aggressive
Insurance companies often take a more aggressive stance when handling pedestrian accident claims. They may attempt to shift blame onto the injured pedestrian, alleging jaywalking, distracted walking (e.g., using a phone), or impairment. These tactics are used to reduce the insurer’s payout or deny the claim entirely.
Having our knowledgeable attorney to counter these arguments and present a strong, evidence-backed case can make a significant difference in the outcome.
Pedestrians Have Special Legal Protections
Most states have specific laws designed to protect pedestrians, particularly in crosswalks and school zones. Drivers are expected to yield the right-of-way and exercise greater caution around foot traffic. These additional protections can bolster a pedestrian’s case—but only if the laws are properly understood and applied.
Our pedestrian accident lawyer will know how to leverage these legal protections to support your claim and hold the at-fault party accountable.
Pedestrian Accident Claims Often Involve Higher Damages
Because of the severity of the injuries, pedestrian accident claims tend to involve larger financial settlements or court awards. These damages may include:
- Current and future medical bills
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term disability or disfigurement
Calculating and proving these damages requires legal skill, especially when negotiating with insurance companies or arguing the case in court.
Pedestrian accidents are not just “car accidents with a twist.” They are fundamentally different in terms of injury severity, legal complexity, and insurance dynamics. If you’ve been hit while walking, don’t assume you can handle it the same way as a fender bender. The stakes are higher, and the path to justice is more challenging.
That’s why it’s critical to work with our pedestrian accident lawyer who understands the unique nature of these cases and will fight to get you the compensation you deserve. At Burton Law Firm, we are here to help.