Pedestrian cases move differently from standard fender-benders. There is no fender to inspect, no airbag report to parse, and usually no mutual exchange of insurance information at the curb. There is a person, often on the ground, sometimes confused, sometimes scared, and always vulnerable. When I first meet a pedestrian client, the conversation tends to start with the same images: a crosswalk, a turning vehicle, a driver who “didn’t see me,” and a phone that lights up later with medical bills and insurance calls. What follows is the process I rely on to protect that client from day one through resolution, with the practical choices, trade-offs, and timing that actually matter.
What must happen in the first 48 hours
The early hours set the tone for everything that comes after. Evidence is fresh, witness recall is still intact, and video footage has not yet been overwritten. The law cares about proof as much as it does about fairness. That means we need to lock down facts promptly.
If a client calls me from the ER or a family member reaches out, I focus on two parallel tracks. First, stabilize the medical situation. Second, preserve evidence that will later anchor liability. A broken tibia or a concussion may dominate the present moment, but a quiet phone call to a corner market that might have exterior cameras can determine whether liability settles in three months or ends up in litigation for two years. I have driven across town to introduce myself to a store manager at 8 p.m., because I know their video loop resets at midnight.
On the medical side, those first records become the foundation of the damages story. ER notes documenting “pedestrian struck” carry more persuasive weight than a later narrative constructed after the fact. If imaging shows fractures or internal injuries, we scan and save both the radiology reports and the actual images when possible. Pain scales, mobility limits, and initial neurologic checks matter. An insurance adjuster will later question everything, including whether symptoms stem from the crash or a preexisting condition. Early, precise medical documentation cuts that argument down.
The anatomy of liability in pedestrian collisions
People assume pedestrians always have the right of way. It is rarely that simple. Drivers owe a general duty to exercise reasonable care. Pedestrians must also exercise ordinary care for their own safety. The balance shifts with the intersection design, signal timing, visibility, and conduct on both sides. Here are the patterns I see:
Crosswalk cases with a walk signal typically favor the pedestrian, but defense lawyers scrutinize whether the person stepped off the curb late, whether they were visible, and whether the driver could have anticipated them in time. Mid-block crossings turn on a different analysis. Did the pedestrian dart into traffic between parked cars, or did the driver speed down a residential street with obstructed views? The same factual dispute can look entirely different based on block length, lighting, and the presence of parked delivery vans.
Left-turn impacts at intersections are common. Drivers focus on oncoming vehicles and miss pedestrians in the near crosswalk. A well-placed traffic camera that captures the turn is gold, especially if you can measure the turn speed against the signal cycle. I often pull the phasing charts from the city’s traffic engineering department. If the pedestrian’s walk phase had just started, that supports the idea that they were where they were supposed to be and that the driver should have yielded.
Finally, comparative negligence often surfaces. Even in regions that favor injured pedestrians, insurers argue that phone use, dark clothing, or stepping outside the crosswalk contributed to the harm. I handle this head-on rather than treating it as an insult. If the defense claims 30 percent pedestrian fault, I ask for the math. If the vehicle braked late, if headlights were off, if the speed exceeded the limit by 8 to 10 mph, that disproportionate fault can be trimmed back with physics and common sense.
Evidence that wins these cases
Pedestrian cases are visual. They turn on angles, distances, and human reaction time. Words help, but photos, maps, and video sit at the center. Within days, I build a timeline that shows the pedestrian’s approach to the crossing, the signal state, and the car’s movement, overlaying distances pulled from satellite imaging with on-site measurements. I have stood in a crosswalk with a measuring wheel in light rain because the curb ramp’s angle was relevant to how fast a mobility-impaired client could walk.
Witness statements deserve special care. People tend to describe the moment of impact with certainty and the seconds leading up to it with less clarity. When I interview witnesses, I let them narrate, then circle back with targeted questions. Where were you when you first noticed the pedestrian? Could you see the collision attorney driver’s head position? Which lane was the car in? Small details, like whether the driver’s front wheel dipped during braking, can indicate reaction time.
Vehicle damage and event data recorder downloads can help, even in pedestrian events. A modest dent or scuff at a particular height suggests contact height on the person’s body. If we can place the point of impact on the car and match it to injuries, the narrative gets stronger. Not every vehicle yields usable data, and not every case justifies the cost, but in serious injuries the investment can be decisive.
Surveillance video is brittle. Gas stations and apartment buildings overwrite footage on cycles as short as 24 to 72 hours. A preservation letter should go out immediately to any property owner within view. If I suspect a city traffic camera captured the event, I file a request the same day. Some municipalities store footage only briefly unless it is flagged for an incident report.
Medical proof: charting the injury arc
Pedestrian injuries often involve multiple systems: orthopedic trauma, head injuries, internal injuries, and soft tissue damage that takes time to declare itself. I map the injury arc from first symptoms through final diagnosis. It is tempting for clients to “tough it out” after discharge, then seek care a week later when pain intensifies. Gaps in treatment become defense talking points, so I often coordinate early follow-up with a primary care physician or orthopedist and encourage honest reporting of symptoms, even if they feel minor.
Concussions are common and frequently under-documented. A negative head CT rules out bleeds but does not rule out a mild traumatic brain injury. I rely on neurocognitive screens and, when symptoms persist beyond a few weeks, referral to a neurologist or neuropsychologist. I have seen clients who looked fine in the waiting room struggle with executive function at work, losing track of tasks or fatigued by bright lights. Those deficits need to be documented with specificity, not vague references to “brain fog.”
On the orthopedic side, I track objective measures: range-of-motion limits in degrees, weight-bearing status, hardware placement after surgery, and physical therapy progress notes. If a client had prior injuries to the same body part, we gather baseline records to distinguish old limitations from new harms. Defense insurers frequently press that distinction, so I prepare for it from the start.
Insurance layers and where the money comes from
Most people assume the at-fault driver’s liability insurance will cover everything. It might, but minimum policy limits in many states remain stubbornly low. A pedestrian with a femur fracture, surgery, and months off work can burn through a $25,000 liability policy before the first physical therapy bill arrives. I look for additional layers early.
If the driver was working, their employer’s policy may apply. If the crash involved a rideshare, different coverage layers may trigger depending on whether the app was on, whether a ride had been accepted, or whether a passenger was onboard. When a commercial vehicle is involved, I analyze federal and state filings and the carrier’s safety record. Government vehicles trigger special notice rules and shortened deadlines.
I also ask about the client’s own auto policy. Many pedestrians carry uninsured or underinsured motorist coverage even if they were not in a car. That coverage can fill gaps once the driver’s policy pays out, but it comes with strict notice and consent-to-settle provisions. If you settle with the liability carrier without preserving the underinsured claim correctly, you can lose that second layer. Health insurance, Medicare, and Medicaid create reimbursement rights that must be resolved at settlement. Knowing the lien landscape early prevents surprises when the check finally arrives.
Talking to insurers without weakening the case
How you communicate with insurers matters as much as what you say. Adjusters want recorded statements. I rarely allow them in the first week, if at all, for a pedestrian client who is still recovering. Early statements often get weaponized when memory shifts or new symptoms appear. Instead, I provide a written notice of representation and a concise summary of what we know: the date, location, nature of the collision, initial diagnoses, and the fact that our client was a pedestrian. That frames the claim without giving the defense ammunition.
Adjusters will ask for broad authorizations to dig through medical history. I limit releases to relevant time periods and body parts. If a right knee was injured in the crash, the carrier does not need to scan records for adolescent asthma. Sometimes I invite the adjuster to propose narrower language. A cooperative tone paired with firm boundaries tends to work better than stonewalling.
Settlement discussions before medical stabilization rarely help. A quick offer looks attractive when bills stack up, but it almost always discounts future care. I warn clients that a release closes the book permanently. If they undergo surgery later, the settlement will not reopen. I use projected costs, surgeon opinions, and vocational assessments to argue for a number that reflects both the injury and its consequences on work and daily life.
The role of the legal team, from investigator to advocate
A pedestrian case is won or lost long before a jury sees it. That is why the team composition matters. A seasoned personal injury lawyer knows which stones to turn and when to push for more. Here is the typical division of labor on my cases:
- Investigator: Locates witnesses, obtains surveillance, photographs the scene, and takes measurements while conditions are fresh. When necessary, returns at the same time of day to capture lighting and traffic patterns. Paralegal: Manages medical records requests, tracks bills, coordinates lien information, and organizes the file so that we can map treatment in a clean timeline. Attorney: Sets strategy, handles communications with insurers, negotiates, and, if needed, prepares the case for litigation, including depositions and motion practice.
That structure adapts if the case involves a government entity, a rideshare policy, or a catastrophic injury with life care planning. I sometimes add a biomechanics consultant or an accident reconstructionist when there is a real dispute on speed, sight lines, or timing. I do not bring experts just to inflate costs. They should contribute something concrete, like a time-distance analysis showing that even at 25 mph, a driver had three full seconds to see and avoid.
Comparative fault, explained with real trade-offs
Pedestrian cases often involve a gray zone. Let’s say the pedestrian wore dark clothing at dusk and crossed a residential street mid-block. The driver claims they were going 25 mph but did not see the person until it was too late. A strict reading might assign some fault to both. Reducing that complexity to a single percentage invites argument, not clarity.
When advising clients, I look at how juries in the venue tend to apportion fault in similar fact patterns. If data suggests juries rarely discount more than 20 percent for mid-block crossings when the driver had a clear line of sight, I temper expectations accordingly. Insurers sometimes push for 50-50 splits as an opening gambit. If our evidence shows a line of sight of 200 feet and the driver’s phone records reveal use seconds before impact, I explain to the adjuster that a jury will likely view distraction as the dominant cause.
These decisions have practical implications. A 20 percent reduction on a $300,000 claim is very different from a 50 percent reduction, especially in modified comparative negligence states where recovery can be barred at certain thresholds. Settling at the right moment, with the right liability narrative in place, preserves value.
When litigation is the necessary path
Most pedestrian claims resolve through negotiation, but some require a lawsuit. I file when the insurer undervalues clear liability or disputes the medical causation of ongoing symptoms. Filing does not mean the case will go to trial, but it forces timelines and opens discovery tools. I can depose the driver about speed, attention, and last clear chance to avoid. I can subpoena video owners who ignored polite requests before.
Litigating a pedestrian case carries its own rhythm. Scene inspections, expert disclosures, and mediation come in a predictable sequence, yet every case turns on small details. I remember a case where the defense disputed visibility due to a curve. Our reconstruction showed that the curvature did not affect the sight line for the driver’s lane until 180 feet beyond the impact point. That demonstration reframed negotiation, and the case settled at mediation for a number that made sense for the injuries.
Trial is rare but real. Jurors tend to empathize with pedestrians, but they also expect accountability. They want to know whether the person crossed where they should have, whether they looked for traffic, and whether the driver had time to avoid the collision. I present a straightforward story grounded in timing, distance, and choices. Charts showing speed-to-stopping-distance can be more persuasive than dramatic language.
Special complications: government claims, minors, and hit-and-run
Government defendants bring short, strict deadlines for notices of claim. Miss them and you can lose the right to sue. The rules vary by jurisdiction, with timeframes as short as 30 to 180 days. If a city bus or a public works truck is involved, I move quickly to identify the entity and send the required notice.
When the injured person is a child, the case calls for extra care. Children move differently in traffic environments and cannot be judged by adult standards of care. Settlements often require court approval to protect the minor’s funds. Future needs like educational accommodations or therapy should be factored into damages, not treated as afterthoughts.
Hit-and-run cases hinge on fast action. If the driver flees, nearby businesses and homes may hold the key. Occasionally, partial plate numbers combined with vehicle make and color can lead to identification. When that fails, the pedestrian’s uninsured motorist coverage may become the primary path to recovery. I have resolved hit-and-run pedestrian claims entirely through a client’s own policy, but only after carefully following policy notice requirements to avoid coverage defenses.
Damages that reflect real life, not just medical bills
Damages in a pedestrian case should reflect the way injuries ripple through daily living. Lost wages are straightforward when the client is salaried. For gig workers, contractors, or small business owners, we often document pre- and post-injury revenue, client cancellations, and the cost of replacing physical labor. When a client cannot return to prior work, vocational experts help translate limitations into real economic loss.
Non-economic harm matters just as much, but it must be grounded, not abstract. The inability to pick up a toddler during recovery, the way noise triggers headaches after a concussion, or the change in a daily run that used to keep someone grounded, these specifics carry weight. I do not ask clients to perform misery. I ask them to be clear, because clarity is credible.
Future medical needs should be concrete. If the hardware in a tibia will likely require removal in two to three years, we price that surgery and the time off work. If post-concussion syndrome persists, we document ongoing therapy, accommodations, and expected duration ranges. Insurers respond to precision.
How a pedestrian case differs from a typical car crash claim
All personal injury claims share some DNA, yet the pedestrian context shifts the dynamic in three ways. First, visibility and perception are usually central. In car-on-car collisions, angles and signals dominate. With pedestrians, human factors like attention, expectation, and peripheral vision become critical. Second, the injury pattern skews serious. Without a vehicle shell, injuries can be more severe, which raises policy limit issues and emphasizes stacking coverage. Third, public perception matters. Juries more readily empathize with a person on foot, but they also expect personal responsibility. If a client appears cavalier about crossings, that can erode sympathy.
This is where careful lawyering adds value. A capable personal injury lawyer or car injury attorney will press for objective evidence, marshal the medical narrative, and build a damages case that a neutral evaluator can accept. When clients ask whether they need a car accident lawyer for a pedestrian claim, my answer is that they need someone who understands how to investigate outside the car, not just inside it.
When to bring in counsel, and what to look for
People sometimes wait to see if the insurer will “do the right thing.” They hope for a fair number without a lawyer. I understand the impulse, but in pedestrian cases, delay risks the loss of key footage and the erosion of leverage. If surgery is likely or liability is contested, get a motor vehicle accident lawyer involved early. The right car crash lawyer will not push you to settle fast. They will talk about evidence, timelines, and the practical reality of medical milestones.
Experience matters more than slogans. A credible car accident attorney will explain comparative fault openly, discuss policy limits candidly, and map out a strategy that adapts as facts develop. Ask how they handle video preservation, whether they have tried pedestrian cases, and how they manage liens. If you were hit by a company vehicle or a rideshare driver, confirm they have handled commercial policies and layered coverage.
Keywords aside, labels vary: car accident attorneys, car collision lawyer, road accident lawyer, traffic accident lawyer, vehicle accident lawyer, collision attorney, car wreck lawyer, car injury lawyer, motor vehicle lawyer. The label matters less than the skill. Look for a personal injury lawyer who understands both the medicine and the street geometry, and who communicates in plain language.
Practical steps you can take today
Even without a lawyer on board yet, there are a few actions that protect your position and keep the path open.
- Request copies of the ER records and any imaging reports, and keep all discharge instructions together. Set up prompt follow-up care and report every symptom, including headaches or vision changes. Write down your memory of the incident within 24 to 48 hours: the route you took, where you crossed, what the signal showed, what you saw and heard, and what you wore. Memory fades quickly. Identify any nearby cameras and ask the property owners to preserve footage for the date and time in question. If you cannot do this, ask a trusted friend to help. Photograph the scene, including the crosswalk, signage, lighting, and any obstructions like parked trucks or overgrown bushes. Capture measurements if possible. Notify your own auto insurer of a potential uninsured or underinsured motorist claim, even if you were not in a car, and do not sign broad medical releases for the liability carrier.
These steps can make the difference between a clean liability determination and a murky dispute that drags out for months.
How settlements take shape and when to push to trial
Once medical treatment reaches a stable point, I assemble a demand package. It is more than a number. It is a narrative supported by evidence: the geometry of the intersection, a diagram of the approach, witness excerpts, medical timelines, and the financial picture, with liens identified and accounted for. I try to anticipate the defense’s best points and address them rather than pretend they do not exist.
Adjusters respond best to grounded proposals. A demand of $500,000 in a minimum limits case wastes everyone’s time. A tight demand that shows why the number matches the injury and the available coverage moves cases. When offers come in low, I decide whether to mediate, arbitrate, or file suit based on expected value and timing. I do not chase trial for its own sake, but I will not shy away if the facts and medicine support a better result.
I have taken cases to verdict where the defense insisted on heavy comparative fault for mid-block crossings. Jurors in those matters focused on speed and attention. If our evidence showed the driver could have avoided the collision with a modest speed reduction or earlier braking, jurors tended to apportion most responsibility to the driver. That does not mean every case should be tried. It means you calibrate to your venue and facts, then act with purpose.
A note on language, silence, and social media
Silence can be your ally. Short, factual statements to insurers and the police are sufficient. Long narratives on social media are not. Defense teams monitor public posts. A photo from a family picnic two months later will be presented as evidence of full recovery, even if you sat most of the time and paid for it with pain the next day. I advise clients to pause public posting and to treat all communications as discoverable.
Bringing it together
A pedestrian struck by a car is not just a traffic statistic. It is a specific person with a body that took a direct hit, a set of bills that will not wait, and a need to be believed. The best legal assistance for car accidents in this context goes beyond form letters and policy numbers. It starts with fast evidence work, careful medical documentation, and honest communication about the strengths and the limits of the case.
Whether you seek out a car accident claims lawyer, a vehicle injury attorney, or a motor vehicle accident lawyer, prioritize experience, access, and fit. Ask about similar cases they have handled, how they staff investigations, and how they approach negotiations with complex coverage. A capable car lawyer will meet you at the intersection of law and lived reality and guide you step by step. The goal is clear: build the proof, protect the person, and secure a result that reflects the harm and the future that remains to be reclaimed.