Being hit by a car can be one of the most terrifying and life-altering experiences anyone can endure. The physical pain, emotional trauma, and financial stress that follow such an accident can leave you feeling overwhelmed and uncertain about where to turn.
If you or a loved one has been struck by a vehicle, you may be wondering whether you can take legal action against the person who caused your injuries. The short answer is yes, you can sue someone for running you over with a car. However, the legal process is complex, and navigating it requires both legal knowledge and the support of a pedestrian accident lawyer.
Understanding Your Rights as a Pedestrian
When a car hits a pedestrian, the driver is usually at fault. Motorists have a duty to exercise reasonable care while driving, and this extends to watching for pedestrians at all times. If a driver’s negligence led to your injuries—whether they were speeding, distracted, under the influence, or otherwise careless—you have the legal right to seek compensation for the harm they caused.
However, this process is not as simple as just stating a driver’s fault. The legal system requires proof that the driver’s actions directly caused your injuries, and without the proper legal help, this can be challenging to establish.
Proving the Driver’s Actions Directly Caused Your Injuries
Establishing that the driver’s actions directly caused your injuries—known as causation—is critical in a pedestrian accident case. Key steps to prove causation include:
- Gathering Medical Evidence: Medical records and reports are essential to link your injuries to the accident. These documents detail the extent of your injuries, their cause, and the required treatment.
- Reconstructing the Accident: Accident reconstruction experts can analyze the scene, vehicle damage, and other data to show how the driver’s negligence led to the collision. Their findings often provide a clear narrative of what occurred.
- Collecting Eyewitness Testimony: Statements from people who saw the accident can support your claim by describing the driver’s negligent behavior, such as speeding or running a stop sign.
- Using Video or Photographic Evidence: Traffic camera footage or photos of the scene can demonstrate the sequence of events and validate your account of what happened.
An attorney is instrumental in gathering and presenting these pieces of evidence. They ensure each element aligns to establish a direct connection between the driver’s actions and your injuries, giving your case the foundation needed to secure fair compensation.
What Can You Be Compensated For?
If you decide to sue the person who hit you with their car, your claim will typically include compensation for a range of damages:
Medical Expenses
Accidents involving cars often result in serious injuries, such as broken bones, head trauma, or spinal damage. Medical bills can pile up quickly, from emergency room visits to surgeries, physical therapy, and ongoing care. Any successful lawsuit will aim to cover all past, present, and anticipated future medical costs related to the accident.
Lost Wages
A pedestrian accident can leave you unable to work for weeks, months, or even permanently. You may be compensated for the income you’ve already lost, as well as for the earning potential you’ve been deprived of due to your injuries.
Pain and Suffering
The physical pain and emotional toll of being hit by a car cannot be underestimated. You may be entitled to compensation for how the accident has impacted your life, including emotional distress, diminished quality of life, and post-traumatic stress.
Other Expenses
Depending on the circumstances, compensation might also cover property damage (such as if any of your belongings were destroyed during the accident) or necessary services like home care and transportation while you recover.
Remember, every case is unique. The damages you’re eligible to recover will depend on the specifics of your situation, which is why a personalized legal strategy is crucial.
Challenges You May Face When Seeking Compensation
While it’s your right to pursue fair compensation for your injuries, the process of getting what you deserve is rarely straightforward. Here are some of the hurdles many accident victims face:
Negligent Drivers Denying Responsibility
One of the most common challenges pedestrian accident victims face is the denial of responsibility by the at-fault driver. Drivers may claim they didn’t see you, allege that you were not following traffic rules, or downplay the incident entirely. This can create significant legal obstacles, as it becomes your responsibility to prove their fault.
Without strong evidence, such as witness statements, traffic camera footage, or detailed police reports, their denial can derail your claim. An experienced attorney can help counter these claims with solid evidence, ensuring the driver’s negligence doesn’t go unaddressed.
Dealing with Insurance Companies
Insurance companies often present one of the biggest hurdles for accident victims. Despite their friendly image, their primary goal is to minimize payouts to protect their bottom line. Adjusters may claim your injuries aren’t as severe as reported, assert partial fault on your part, or offer quick but significantly undervalued settlements. These tactics are designed to diminish your compensation and complicate your claim.
Handling these negotiations alone is overwhelming, especially when recovering from serious injuries. Having skilled legal representation ensures you won’t be pressured into accepting lowball offers, and your case will be handled with the seriousness it deserves.
Gathering Evidence
Building a strong case requires gathering and organizing a compelling array of evidence, which is no small feat for accident victims. Essential pieces include police reports, medical records, photos of the accident scene, and witness statements. However, these can often be difficult to obtain, especially when you’re focused on recovery.
Additionally, proving that the driver’s negligence caused your injuries may require expert input, such as accident reconstruction or medical testimony, which adds another layer of complexity. Without the proper resources and legal support, assembling this evidence can be daunting. An attorney can take on this challenging task for you.
Reliving the Trauma
The aftermath of a traumatic accident is not just physically taxing—it’s emotionally draining. Pursuing a legal claim often means revisiting the accident repeatedly, whether through interviews, depositions, or relaying the experience in court. These situations can trigger feelings of fear, anxiety, or anger as you’re forced to recall painful details of the incident.
This can weigh heavily on your mental well-being, particularly if you’re already struggling to process the event. While necessary for achieving justice, reliving such a traumatic event can intensify the healing process. A compassionate legal team can offer support and help ease the emotional toll.
The Legal Complexity
Understanding the intricate laws and procedures surrounding pedestrian accidents is a complex and overwhelming task for most victims. From state-specific laws to the terms of insurance policies, there are numerous rules and regulations that can trip up an unprepared individual. Missing deadlines, submitting incomplete paperwork, or misunderstanding your rights can severely jeopardize your case.
Additionally, navigating the legal jargon and convoluted processes without guidance makes achieving fair compensation nearly impossible. Having a knowledgeable attorney by your side simplifies the process and ensures your claim is handled appropriately and with professional support.
Why You Need an Experienced Attorney
Attempting to handle a case on your own is risky and could potentially cost you the compensation you’re entitled to. An experienced personal injury attorney can be your strongest ally, offering critical skills and resources to make your case as strong as possible. Here’s how they can help:
Building a Strong Case
An experienced attorney plays a critical role in collecting and organizing the evidence necessary to prove fault in a pedestrian accident. They gather crucial documents like police reports, medical records, and witness statements to establish the facts of the case. Attorneys often work with accident reconstruction experts, medical professionals, and other specialists to strengthen the claim and show the full extent of the injuries and damages endured.
By presenting a comprehensive and compelling case, they help ensure that no detail is overlooked and that the victim has the best possible chance for a favorable outcome.
Handling Insurance Companies
Insurance companies are known for using aggressive tactics to minimize the settlements they pay to accident victims. An attorney serves as a powerful advocate, negotiating directly with insurers to seek a fair and just outcome so you don’t have to. They know the strategies insurance companies use to undervalue claims and can effectively counter these with solid evidence and legal knowledge.
If negotiations fail, a skilled lawyer doesn’t back down—they are fully prepared to take the fight to court. Their determination ensures that the victim’s interests are protected against corporate pushback.
Protecting Your Rights
After an accident, it’s easy to feel vulnerable and unsure how to proceed. Without legal guidance, you may unknowingly make mistakes that harm your case. A qualified attorney not only educates clients about their legal rights but also works tirelessly to protect them.
They ensure that all filing deadlines are met, paperwork is completed accurately, and the victim’s story is presented effectively in any legal proceedings. Attorneys act as safeguards against exploitation, giving victims the confidence and security that their case is in capable hands.
Relieving Emotional Stress
Dealing with the aftermath of a pedestrian accident can be emotionally overwhelming. On top of physical pain and recovery, there’s the added burden of handling legal and financial complexities. Having an attorney by your side allows you to focus on healing instead of worrying about the legal aspects of your case.
They shoulder the responsibilities of gathering evidence, dealing with insurance adjusters, and planning legal strategies, giving you peace of mind. By alleviating this stress, they provide the emotional support you need during one of the most challenging times of your life.
Maximizing Your Recovery
A knowledgeable attorney is singularly focused on ensuring you receive the maximum compensation you’re entitled to. They are skilled at accurately assessing the value of your case, taking into account all medical expenses, lost wages, pain and suffering, and future needs. With an in-depth understanding of the legal system and negotiation techniques, they won’t settle for less than you deserve.
An attorney fights for every penny of compensation, balancing the scales of justice between the victim and well-funded insurance companies or defendants. Their goal is to achieve a resolution that helps you move forward and rebuild your life.
Your focus should be on getting back on your feet—both physically and emotionally—not on battling with insurance companies or deciphering legal jargon. That’s why the first step after an accident should always be consulting with a qualified attorney.
Moving Forward with Support and Advocacy
The days and weeks after a pedestrian accident are a time for healing, not for dealing with lawsuits on your own. At The Rothenberg Law Firm LLP, we understand that what you’re experiencing is a deeply personal and challenging time. For over 50 years, we’ve stood by accident victims, helping them rebuild their lives by securing the compensation they deserve.
Our legal team is committed to ensuring your voice is heard, and justice is served. With billions of dollars recovered for our clients, we’ve proven time and again that we have the experience, knowledge, and compassion to tackle even the toughest cases.
When you work with us, you’re not just hiring a lawyer—you’re gaining a team dedicated to fighting for your rights, repairing the damage caused by your accident, and providing the guidance you need to move forward. Whether you’re dealing with mounting medical bills, lost income, or the emotional toll of your injuries, we are here to stand by you every step of the way.
If you or someone you love has been struck by a car, contact us today at (800) 624-8888 or through our online form to speak with a member of our team during a free consultation. Together, we’ll explore your options, build your case, and fight tirelessly for the justice and compensation you deserve. You don’t have to face this battle alone—The Rothenberg Law Firm LLP is here to help you through it.
