Pedestrian accident lawyer · Free case review
Hit by a car while walking or cycling? The law is on your side.
When a two-ton vehicle hits an unprotected human being, the injuries are never minor. The law reflects that imbalance: in every state, drivers owe pedestrians and cyclists a heightened duty of care. Yet insurers routinely blame the person who was hit — jaywalking, dark clothing, 'came out of nowhere' — because reducing your fault percentage is the only lever they have.
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Why insurers fight pedestrian accident claims so hard
Pedestrian and bicycle cases combine two things insurers fear: severe, well-documented injuries and a sympathetic victim. Their counterstrategy is comparative fault — arguing you crossed outside the crosswalk, ignored a signal, or weren't visible. Every percentage point of fault they establish cuts the payout directly, and in some states, crossing the 50% line eliminates it entirely.
The counter-evidence exists: crosswalk signal timing, driver phone records, vehicle speed reconstructed from impact damage, surveillance footage from nearby businesses. But that footage is typically overwritten within days or weeks. The single most valuable thing you can do after a pedestrian crash is start the evidence clock early.
Catastrophic injury coverage
Fractures, head injuries, and long rehabilitation — the full treatment path is compensable.
Driver's duty of care
Every state requires drivers to exercise heightened caution around pedestrians and cyclists.
Comparative fault defense
Evidence work keeps the insurer from inflating your share of blame.
Uninsured driver protection
Hit-and-run or uninsured driver? Your own policy's UM coverage may apply — without raising your rates.
Case value
What is a pedestrian accident settlement worth?
Pedestrian settlements sit at the high end of injury claims because nothing protected you from the impact. Hospitalization, surgery, and months of rehabilitation are the norm rather than the exception, and every element of that treatment — plus the income it cost you — belongs in the claim. Add pain and suffering, which scales with severity, and even 'moderate' pedestrian cases regularly reach six figures.
The limiting factor is usually coverage, not damages. When the driver's policy is too small for the injuries, an attorney looks at every other source: the driver's umbrella policy, a commercial policy if they were working, and your own uninsured/underinsured motorist coverage — which applies to you as a pedestrian even though no car of yours was involved. Most victims never realize that last one exists.
How pedestrian and bicycle claims happen
Crosswalk and left-turn failures
Drivers scanning for cars, not people, while turning — the most common pedestrian strike in intersections.
Distracted driving
A driver looking at a phone doesn't see a person until impact. Phone records prove it.
Backing and driveway accidents
Parking lots and driveways — low speed, but severe injuries to children and older adults.
School zone and residential speeding
Speed limits near schools exist precisely because impact speed decides survival. Violations are strong negligence evidence.
Night and low-visibility strikes
'I couldn't see them' doesn't excuse a driver who overdrove their headlights — a professional reconstruction shows it.
Close passes on cyclists
Most states mandate three feet of passing distance. A clipped cyclist has a statute on their side.
Injuries we see in pedestrian cases
Head and brain injuries
The leading serious injury for struck pedestrians — with symptoms that must be documented immediately.
Pelvis and leg fractures
Bumper-height impacts break legs, knees, and hips — surgeries with hardware and long rehabilitation.
Internal injuries
Organ damage from blunt impact can escalate quietly — an ER visit is non-negotiable.
Facial injuries and dental damage
Secondary impact with the road causes injuries with lasting cosmetic and functional consequences.
Psychological trauma
Fear of streets and traffic after being struck is real, treatable, and compensable.
What to do now
Five steps that protect your claim.
Call 911 and get examined
Pedestrian injuries — especially head injuries — are frequently worse than they first feel. The police report and medical record anchor your claim.
Identify camera sources fast
Intersections, storefronts, doorbell cameras, buses. Footage is overwritten in days — an attorney sends preservation requests immediately.
Get witness contacts
Independent witnesses neutralize the driver's version of events better than anything else.
Don't discuss fault at the scene or with insurers
Shock makes people apologize reflexively. 'I'm sorry' becomes 'admitted fault' in an adjuster's file.
Have the case reviewed before any offer
Severe injuries plus clear duty of care make these claims valuable — which is exactly why early lowball offers are common.
Common questions
Pedestrian & bicycle accidents: asked and answered.
I was crossing outside a crosswalk. Do I still have a claim?+
Very likely yes. Jaywalking may assign you a share of fault, but it doesn't erase the driver's duty to watch the road and avoid pedestrians. In comparative-negligence states you recover the driver's share of fault — which is usually the larger share when a driver hits a visible pedestrian.
The driver fled the scene. What are my options?+
Two paths: police identify the driver (traffic cameras and witness plates resolve more hit-and-runs than people expect), or your own uninsured motorist (UM) coverage steps in as if the missing driver were uninsured. UM claims are still negotiations — your own insurer is not automatically on your side.
Does it matter that I was on a bicycle and not walking?+
The legal foundation is the same — drivers owe cyclists a duty of care, and most states add specific passing-distance laws (commonly three feet). Helmet use, lights, and lane position may enter the comparative-fault discussion, but none of them excuse a driver who failed to see you.
The driver's insurer already contacted me. Why so fast?+
Speed is a strategy. In clear-liability pedestrian cases, insurers try to settle before the full extent of injuries — and the claim's real value — is known. A quick check costs you nothing and closes that information gap.
Who pays my medical bills while the claim is running?+
Your health insurance, the driver's med-pay coverage if they carry it, or treatment on a lien basis — providers who agree to be paid from the settlement. An attorney sets this up so bills don't force you into a cheap early settlement, which is precisely what the insurer is waiting for.
What if a child was hit?+
Children are the law's most protected pedestrians: they can't be held to adult judgment standards, drivers owe them extra caution near schools and residential streets, and settlements are typically court-approved with the statute of limitations paused until adulthood. These cases deserve careful, specialized handling.
Find out what your case is worth — before the insurer decides for you.
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