Recovering Damages From a Pedestrian Injury in Del City, OK
Pedestrian crashes produce catastrophic injuries faced with aggressive defense. Pedestrians have no vehicle structure protecting them. Crash energy transfers directly to the pedestrian. Insurers aggressively challenge pedestrian fault. A local attorney experienced with pedestrian crashes brings expertise in this specialized area of injury law.
Why Pedestrian Cases Are Distinctive
Catastrophic Injury Patterns
Pedestrians have no protection in vehicle crashes.
The pedestrian bears the entire crash energy.
Even at modest speeds, pedestrian-vehicle crashes produce:
- Significant injuries to legs and pelvis from initial impact
- TBI from hitting the vehicle or ground
- Internal trauma
- Spine damage
- Bone injuries throughout the body
Catastrophic Injuries at Even Modest Speeds
Studies consistently show that pedestrian survival rates drop dramatically as vehicle speed increases.
Even at speeds well below highway speeds, crashes produce devastating injuries.
Secondary Impacts
Secondary impacts are common.
Common impact sequences include:
- First impact with the vehicle
- Hood-strike
- Striking the windshield
- Being thrown onto the roof
- Being thrown off
- Ground impact
- Being run over by the vehicle or subsequent vehicles
Insurance Companies Aggressively Blame Pedestrians
The “jaywalking” framing is the dominant insurance tactic.
Defense routinely raises:
- Wrong-location defenses
- “They couldn’t see you”
- Yield-failure defenses
- The pedestrian was distracted
- Impairment defenses
These defenses can be countered.
Common Causes of Pedestrian Accidents
Driver Failure to Yield
Yield failures are the leading cause of pedestrian crashes.
Distracted Driving
Inattentive drivers hit pedestrians.
Drunk and Impaired Drivers
Drunk drivers cause many pedestrian crashes.
Speeding
Drivers exceeding safe speeds dramatically increases pedestrian crash severity.
Drivers Backing Up Without Looking
Drivers backing up without checking strike pedestrians, particularly in parking lots, driveways, and back-out spaces.
Left-Turn Crashes
Turning-vehicle pedestrian crashes are particularly dangerous.
Right-Turn Crashes
Right-turn pedestrian crashes generate predictable pedestrian crashes.
Running Red Lights or Stop Signs
Drivers running traffic control devices cause serious pedestrian crashes.
Inadequate Visibility
Limited visibility including various visibility limitations increase crash risk.
Sidewalk and Crosswalk Issues
Inadequate crosswalk infrastructure drive crashes.
Vehicle Defects
Product defect cases can contribute to pedestrian crashes.
Where Pedestrian Crashes Happen
Intersections
Pedestrians struck at intersections are the most common pedestrian crash location.
Crosswalks
Crosswalk pedestrian incidents, even when pedestrians had right-of-way drive many incidents.
Mid-Block Crossings
Mid-block crashes face more contested fault analysis, but pedestrian rights and driver duties still apply.
Parking Lots
Parking lot pedestrian crashes are particularly common.
Sidewalks
Vehicles leaving the roadway and striking pedestrians on sidewalks.
School Zones
Pedestrian incidents in school zones are particularly devastating.
Construction Zones
Construction zone pedestrian crashes.
Highways
Highway incidents involving pedestrians are particularly dangerous.
Right-of-Way and Comparative Fault Analysis
Crosswalk Right-of-Way
Pedestrians using crosswalks have legal right-of-way.
Right-of-way rules vary, but pedestrians in crosswalks typically have priority.
Unmarked Crosswalks
Intersection crossings as having pedestrian right-of-way.
Driver Duty to See Pedestrians
Drivers have a continuing duty to look for pedestrians continuously.
Even Where Pedestrians Are at Fault
Even with pedestrian fault, recovery is still typically possible.
States with pure comparative fault permit recovery even with pedestrian-majority fault.
Modified comparative fault jurisdictions allow recovery within the limits.
Damages in Pedestrian Cases
Compensation in these cases include:
Medical Costs
Pedestrian medical costs are substantial:
- Initial emergency treatment
- Surgery costs
- Hospital stays
- ICU and critical care
- Long-term recovery
- Continuing care
- Prosthetics and adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Major income impact and reduced earning ability.
Pain and Suffering
Substantial pain and suffering damages.
Loss of Enjoyment of Life
Major quality of life impact.
Mental Health Treatment
PTSD is common after pedestrian crashes.
Disfigurement and Scarring
Pedestrian crashes often produce significant scarring.
Loss of Consortium
Relationship impacts.
Wrongful Death
Pedestrian crashes have high fatality rates, making wrongful death claims common.
Punitive Damages
Cases involving particularly harmful conduct may support punitive damages.
Who Can Be Held Liable?
The Driver
Primary defendant is the primary defendant.
Drivers in Multi-Vehicle Crashes
Multiple driver fault can face liability.
Vehicle and Component Manufacturers
Product defect cases can implicate manufacturers.
Government Entities
Public infrastructure issues create government liability.
Property Owners
Property issues affecting the crash 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 involve trucking companies.
Rideshare and Delivery Platforms
Gig platform crashes involve gig company liability.
Common Insurance Defenses
“The Pedestrian Was Jaywalking”
The most common defense.
Defense leverages the pedestrian was crossing improperly.
This defense can be countered through the legal framework for pedestrian rights.
“The Pedestrian Wasn’t Visible”
Defense argues visibility issues prevented the driver from seeing the pedestrian.
Drivers must observe pedestrians even when visibility is limited.
“The Pedestrian Was Distracted”
“You weren’t paying attention”. Even where this is true, drivers still have duty to see pedestrians.
“The Pedestrian Was Impaired”
“You’d been drinking”. This doesn’t eliminate driver fault.
“The Pedestrian Caused Their Own Injuries”
“You caused this”. The driver’s continuing duty means complete pedestrian fault is rare.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Pedestrian Accident
Get Immediate Medical Attention
Even when feeling functional, getting evaluated is critical. Pedestrian injuries can include internal damage that’s not immediately apparent.
Don’t Move If Seriously Injured
Stay put if you have serious injuries. Trying to move 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
Bystanders, other pedestrians, business employees can be crucial.
Photograph Everything
The scene, vehicles, your injuries, surroundings.
Document the Crosswalk Status
Whether you were in a crosswalk, Signal status, Marking documentation.
Get a Police Report
Make sure law enforcement files the report.
Don’t Discuss Fault
Leave fault determination to investigators.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication hurt the claim.
Special Considerations for Hit-and-Run Pedestrian Cases
Hit-and-run pedestrian crashes are especially serious.
Pedestrians without their own auto insurance, resident relative auto coverage may apply.
Special Considerations for Children
Child pedestrian crashes have particular concerns:
- Children typically aren’t held to the same fault standard
- Long-term damages
- Educational and developmental impact
Attorney Costs
Lawyers experienced with pedestrian crashes work on contingency. These cases require significant investment in accident reconstruction, medical experts, and life-care planners paid by counsel.
Move Quickly
These cases need quick attention.
Camera evidence requires prompt preservation.
Independent observations require prompt investigation.
EDR data can be overwritten.
Conditions can be modified.
Filing deadlines continues running.
Engaging counsel right away triggers preservation steps.