Compensation After a Pedestrian Crash in Bacone, OK
Pedestrian crashes produce catastrophic injuries faced with aggressive defense. The body of a pedestrian struck by a vehicle has no protection. The forces involved in a vehicle-pedestrian crash transfer directly to the human body. Insurers aggressively challenge pedestrian fault. An attorney familiar with these distinctive cases builds these cases against the aggressive insurance approach.
Why Pedestrian Cases Are Distinctive
Catastrophic Injury Patterns
Pedestrians have no protection in vehicle crashes.
The body absorbs the full force of the crash.
Even at modest speeds, impacts cause:
- Lower extremity injuries
- TBI from hitting the vehicle or ground
- Internal injuries from blunt force trauma
- Spinal injuries
- Bone injuries throughout the body
Catastrophic Injuries at Even Modest Speeds
Speed and pedestrian outcomes are tightly correlated.
Even at urban speeds, pedestrian crashes produce catastrophic injuries.
Secondary Impacts
Secondary impacts are common.
Common multi-impact scenarios include:
- Initial impact with the vehicle
- Impact onto the vehicle hood
- Striking the windshield
- Impact onto the roof
- Ejection from the vehicle
- Ground impact
- Subsequent vehicle contact
Insurance Companies Aggressively Blame Pedestrians
Pedestrian-fault arguments are routine.
Common defense arguments include:
- The pedestrian was in the wrong place
- The pedestrian wasn’t visible
- “You should have yielded”
- The pedestrian was distracted
- Impairment defenses
These defenses can be countered.
Common Causes of Pedestrian Accidents
Driver Failure to Yield
Drivers failing to yield to pedestrians in crosswalks are the most common cause.
Distracted Driving
Inattentive drivers hit pedestrians.
Drunk and Impaired Drivers
Substance-impaired drivers cause many pedestrian crashes.
Speeding
Speeding dramatically increases pedestrian crash severity.
Drivers Backing Up Without Looking
Reverse-driving crashes generate distinctive incidents.
Left-Turn Crashes
Drivers turning left into crosswalks cause many catastrophic outcomes.
Right-Turn Crashes
Right-turn pedestrian crashes generate predictable pedestrian crashes.
Running Red Lights or Stop Signs
Traffic control violations create catastrophic pedestrian incidents.
Inadequate Visibility
Poor visibility conditions including various visibility limitations contribute to crashes.
Sidewalk and Crosswalk Issues
Inadequate crosswalk infrastructure drive crashes.
Vehicle Defects
Vehicle defects affecting visibility, braking, or other safety can contribute to pedestrian crashes.
Where Pedestrian Crashes Happen
Intersections
Intersection pedestrian crashes are the most common pedestrian crash location.
Crosswalks
Crosswalk crashes, despite pedestrian right-of-way generate many cases.
Mid-Block Crossings
Mid-block crashes involve more pedestrian-fault defenses, but drivers still have duties.
Parking Lots
Lot-based pedestrian crashes are particularly common.
Sidewalks
Sidewalk crashes.
School Zones
Pedestrian incidents in school zones involve child victims.
Construction Zones
Work zone pedestrian incidents.
Highways
Highway incidents involving pedestrians are particularly dangerous.
Right-of-Way and Comparative Fault Analysis
Crosswalk Right-of-Way
Pedestrians in marked crosswalks generally have right-of-way.
State law governs specific rules, but pedestrians have priority in crosswalks.
Unmarked Crosswalks
Many jurisdictions recognize unmarked crosswalks at intersections carry pedestrian right-of-way.
Driver Duty to See Pedestrians
Drivers must look for pedestrians regardless of right-of-way.
Even Where Pedestrians Are at Fault
Even with pedestrian fault, comparative fault permits recovery.
States with pure comparative fault permit recovery even with pedestrian-majority fault.
Modified comparative fault states permit recovery up to the bar.
Damages in Pedestrian Cases
Compensation in these cases include:
Medical Costs
Pedestrian cases involve significant medical care:
- Emergency and trauma care
- Surgical care
- Hospital stays
- Critical care costs
- Extended rehabilitation
- Future medical care
- Prosthetics and adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss and reduced earning ability.
Pain and Suffering
Substantial pain and suffering damages.
Loss of Enjoyment of Life
Pedestrian injuries often eliminate the ability to do basic activities.
Mental Health Treatment
PTSD is common after pedestrian crashes.
Disfigurement and Scarring
Pedestrian crashes often produce significant scarring.
Loss of Consortium
Spousal damages.
Wrongful Death
Pedestrian fatalities, making wrongful death claims common.
Punitive Damages
Egregious conduct cases may support punitive damages.
Who Can Be Held Liable?
The Driver
The at-fault driver is the typical primary target.
Drivers in Multi-Vehicle Crashes
Various contributing drivers can face liability.
Vehicle and Component Manufacturers
For crashes involving vehicle defects can implicate manufacturers.
Government Entities
Road and infrastructure problems create government liability.
Property Owners
Where property conditions contributed can implicate property owners.
Construction Companies
For construction zone crashes can implicate construction companies for traffic control inadequacies.
Employers
Course-of-employment cases can implicate employers.
Trucking Companies
Truck pedestrian crashes create commercial liability.
Rideshare and Delivery Platforms
For crashes involving Uber, Lyft, DoorDash, or similar drivers involve gig company liability.
Common Insurance Defenses
“The Pedestrian Was Jaywalking”
Defense’s primary argument.
Defense leverages the pedestrian wasn’t in a crosswalk.
Defeating this defense requires detailed legal analysis.
“The Pedestrian Wasn’t Visible”
Defense leverages the pedestrian was hard to see.
Drivers must observe pedestrians even when visibility is limited.
“The Pedestrian Was Distracted”
Defense argues plaintiff was on their phone. Even with pedestrian distraction, drivers still have duty to see pedestrians.
“The Pedestrian Was Impaired”
Impairment defenses. Pedestrian impairment doesn’t fully bar recovery.
“The Pedestrian Caused Their Own Injuries”
Plaintiff fault arguments. The driver’s duty to see pedestrians and operate safely makes complete pedestrian fault unusual.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Past medical history.
Critical Steps After a Pedestrian Accident
Get Immediate Medical Attention
Even without obvious severe injuries, getting evaluated is critical. Pedestrian injuries can include internal damage that’s not immediately apparent.
Don’t Move If Seriously Injured
Wait for emergency services if you have serious injuries. Moving with potential spinal injuries can worsen the harm.
Stay at the Scene Until Police Arrive
Don’t leave.
Get Driver Information
Driver’s name, contact, license, insurance, license plate.
Identify Witnesses
Witnesses can be crucial.
Photograph Everything
Visual evidence of every relevant detail.
Document the Crosswalk Status
Where you were in relation to the crosswalk, whether you had walk signal, Crosswalk marking.
Get a Police Report
Official documentation is essential.
Don’t Discuss Fault
Leave fault determination to investigators.
Don’t Speak With Insurance Adjusters Without Counsel
Carriers contact victims promptly. Recorded statements before legal advice hurt the claim.
Special Considerations for Hit-and-Run Pedestrian Cases
Hit-and-run pedestrian incidents present specific challenges.
Pedestrian victims without auto policies, UM coverage on a household member’s policy may apply.
Special Considerations for Children
Child pedestrian crashes involve distinct issues:
- Children typically aren’t held to the same fault standard
- Lifetime damages
- Educational and developmental impact
Attorney Costs
Pedestrian accident attorneys charge no upfront fees. Expert costs run high advanced by the firm.
Move Quickly
Pedestrian accident cases require prompt action.
Camera evidence gets overwritten quickly.
Witness recollections require prompt investigation.
Electronic vehicle records may be lost.
Scene evidence may be altered.
Filing deadlines applies regardless.
Getting an attorney involved promptly positions the case for the substantial recovery these cases support despite aggressive insurance defenses.