Compensation After a Pedestrian Crash in Coweta, 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 lack vehicle protection.
The body absorbs the full force of the crash.
Even at modest speeds, pedestrian-vehicle crashes produce:
- Leg and pelvic injuries from initial impact
- TBI from hitting the vehicle or ground
- Internal trauma
- Back injuries from various impact dynamics
- Fractures
Catastrophic Injuries at Even Modest Speeds
Studies consistently show that pedestrian survival rates drop dramatically as vehicle speed increases.
At speeds significantly below highway speeds, impacts cause severe outcomes.
Secondary Impacts
Secondary impacts are common.
Common impact sequences include:
- First impact with the vehicle
- Being thrown onto the hood
- Striking the windshield
- Impact onto the roof
- Ejection from the vehicle
- Ground impact
- Subsequent vehicle contact
Insurance Companies Aggressively Blame Pedestrians
Defense routinely pushes pedestrian fault.
Common defense arguments include:
- “You weren’t supposed to be there”
- “They couldn’t see you”
- Yield-failure defenses
- “You were on your phone”
- “You’d been drinking”
These arguments often have weaknesses.
Common Causes of Pedestrian Accidents
Driver Failure to Yield
Yield failures are the most common cause.
Distracted Driving
Distracted drivers strike pedestrians.
Drunk and Impaired Drivers
Drunk drivers account for many pedestrian incidents.
Speeding
Speeding drives catastrophic outcomes.
Drivers Backing Up Without Looking
Drivers backing up without checking cause pedestrian backing crashes.
Left-Turn Crashes
Turning-vehicle pedestrian crashes are particularly dangerous.
Right-Turn Crashes
Right-turn crashes against pedestrians strike pedestrians who are properly in crosswalks.
Running Red Lights or Stop Signs
Signal/sign violations create catastrophic pedestrian incidents.
Inadequate Visibility
Poor visibility conditions various visibility problems contribute to crashes.
Sidewalk and Crosswalk Issues
Missing or inadequate crosswalks create dangerous conditions.
Vehicle Defects
Equipment-related crashes can contribute to pedestrian crashes.
Where Pedestrian Crashes Happen
Intersections
Pedestrians struck at intersections drive many pedestrian crashes.
Crosswalks
Crosswalk crashes, despite pedestrian right-of-way generate many cases.
Mid-Block Crossings
Non-intersection crashes can be more contested than intersection crashes, but pedestrian rights and driver duties still apply.
Parking Lots
Pedestrians struck in parking lots are recurring incidents.
Sidewalks
Sidewalk crashes.
School Zones
Pedestrian incidents in school zones involve child victims.
Construction Zones
Pedestrians in construction zones.
Highways
Highway incidents involving pedestrians are typically catastrophic.
Right-of-Way and Comparative Fault Analysis
Crosswalk Right-of-Way
Pedestrians in marked crosswalks have legal right-of-way.
State law governs specific rules, but pedestrians generally have right-of-way in crosswalks.
Unmarked Crosswalks
Unmarked crosswalks at intersections as having pedestrian right-of-way.
Driver Duty to See Pedestrians
Drivers have a continuing duty to look for pedestrians in all circumstances.
Even Where Pedestrians Are at Fault
Even where pedestrians share some fault, comparative fault rules typically allow recovery.
Pure comparative fault states allow full recovery analysis.
Modified comparative states permit recovery up to the bar.
Damages in Pedestrian Cases
Recoverable losses include include:
Medical Costs
Pedestrians typically require extensive medical care:
- Trauma center costs
- Surgical care
- Hospital stays
- Critical care costs
- Long-term recovery
- Long-term medical needs
- Prosthetics and adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Significant lost wages and long-term wage impact.
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
Mental health damages.
Disfigurement and Scarring
Pedestrian crashes often produce significant scarring.
Loss of Consortium
Relationship impacts.
Wrongful Death
Pedestrian fatalities, making wrongful death claims common.
Punitive Damages
In cases involving extreme conduct may trigger enhanced damages.
Who Can Be Held Liable?
The Driver
The at-fault driver is the primary defendant.
Drivers in Multi-Vehicle Crashes
Multiple driver fault can face liability.
Vehicle and Component Manufacturers
For crashes involving vehicle defects can implicate manufacturers.
Government Entities
For crashes involving road design, signal issues, signage problems create government liability.
Property Owners
Property issues affecting the crash can implicate property owners.
Construction Companies
Construction-related crashes can implicate construction companies for traffic control inadequacies.
Employers
Work-related driving can implicate employers.
Trucking Companies
Commercial vehicle pedestrian crashes create commercial liability.
Rideshare and Delivery Platforms
Gig platform crashes involve gig company liability.
Common Insurance Defenses
“The Pedestrian Was Jaywalking”
Defense’s primary argument.
Defense claims the pedestrian wasn’t in a crosswalk.
Counter requires the legal framework for pedestrian rights.
“The Pedestrian Wasn’t Visible”
Defense argues the pedestrian was hard to see.
Visibility-based defenses face the driver duty problem regardless of visibility conditions.
“The Pedestrian Was Distracted”
Defense argues plaintiff was on their phone. Even with pedestrian distraction, drivers maintain their duty.
“The Pedestrian Was Impaired”
Impairment defenses. This doesn’t eliminate driver fault.
“The Pedestrian Caused Their Own Injuries”
Plaintiff fault arguments. The driver’s continuing duty makes complete pedestrian fault unusual.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Pedestrian Accident
Get Immediate Medical Attention
Even when feeling functional, prompt medical evaluation is essential. Internal injuries can develop.
Don’t Move If Seriously Injured
Wait for emergency services if you have serious injuries. Movement with spine injuries can worsen the harm.
Stay at the Scene Until Police Arrive
Stay put until law enforcement arrives.
Get Driver Information
Document driver identification.
Identify Witnesses
Independent observers provide critical evidence.
Photograph Everything
Comprehensive scene documentation.
Document the Crosswalk Status
Whether you were in a crosswalk, Pedestrian signal information, whether crosswalks were properly marked.
Get a Police Report
Insist on official documentation.
Don’t Discuss Fault
Avoid admitting fault or speculating about cause.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Recorded statements before legal advice can permanently damage the case.
Special Considerations for Hit-and-Run Pedestrian Cases
Pedestrian hit-and-runs present specific challenges.
Pedestrian victims without auto policies, resident relative auto coverage may apply.
Special Considerations for Children
Child pedestrian victims have particular concerns:
- Pedestrian fault is rarely applied to children
- Lifetime damages
- Lifelong development impact
Attorney Costs
Counsel handling these cases earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
Time pressure is real.
Camera evidence gets overwritten quickly.
Independent observations deteriorate over time.
Electronic vehicle records can be overwritten.
Conditions can be modified.
Filing deadlines sets a hard cutoff.
Getting an attorney involved promptly triggers preservation steps.