Pedestrian Accident Lawsuit In 2024 | Complete Guide

Whether injured by a vehicle or property defect, a pedestrian can recover all the damages for the injuries suffered. The injured pedestrians can file a pedestrian accident lawsuit against the driver who hit them to get compensation for the losses.

Key points of pedestrian accident

  • A pedestrian accident occurs when pedestrians attempt to cross streets. Thousands of pedestrian accidents occur annually. 
  • According to the National Highway Traffic Safety Association (NHTSA) reports:
    • Each year, nearly 5,000 pedestrians die in motor vehicle-related accidents.
    • Around 76,000 pedestrians in 2021 suffered injuries when hit by a car or truck. 
  • Most pedestrian accident cases settle before the parties ever see a courtroom. However, in some cases, the insurance company is unwilling to come to a fair settlement. As a result, it necessitates court action. 
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Compensation from a pedestrian accident lawsuit

By filing a lawsuit, you can get a hassle-free pedestrian accident claim for:

  • Damages to physical property.
  • Lost wages
  • Medical costs.
  • Pain and sufferings. 
  • Punitive damages. 


In addition, you can also recover for punitive damages, such as:

  • Anxiety or fear.
  • Embarrassment. 
  • Inconveniences.
  • Loss of consortium.
  • Physical pain and suffering. 


The potentially liable parties include:

  • The pedestrian.
  • The driver of the vehicle that strikes a pedestrian. 
  • The party responsible to maintain the road, sidewalk, or parking lot.

What to do immediately after a Pedestrian accident?

Here are the steps to ensure you recover physically, mentally, and financially after an accident and get a fair pedestrian accident settlement without any hassle.

Try to stay calm and assess whether or not you can move safely. Moreover, if you are on the road or an area with potential for additional danger, move to a safe location nearby. 

The witnesses might call the emergency services. But if not, request someone to make a call. It’s important to have proper documentation or the official police report regarding the accident. 

Collect evidence:heck for the driver’s name, license plate number, and contact information. Avoid any discussion about the fault as it might make your case more complicated. 

Every detail of the scene can help you paint the picture about the accident. The more evidence you gather, the better pedestrian accident settlement you will receive.

Contact the witnesses and gather their personal information. Having such people who can corroborate your story will help you immensely in any legal dispute.  

Even if you feel like you don’t have any major injury, it’s crucial to have a proper examination. After all, failing to get a proper diagnosis directly after the accident could have serious consequences.

If you have suffered an injury because of the accident, an experienced pedestrian accident lawyer will help you get an accurate settlement and maximum compensation you deserve. 

There is generally a 1-year deadline to file a personal injury lawsuit. Otherwise, you could lose your right to sue.

If you want a lawyer who cares about you and the outcome of your pedestrian accident lawsuit, choose Ethen Ostroff. He and his professional connections will ensure you get every dollar possible for what you went through. 

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