Pedestrian Accident Claims in Guymon, OK
Pedestrian crashes produce catastrophic injuries faced with aggressive defense. Pedestrians have no vehicle structure protecting them. 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 brings expertise in this specialized area of injury law.
Why Pedestrian Cases Are Distinctive
Catastrophic Injury Patterns
Pedestrians lack vehicle protection.
Pedestrians absorb the full crash force.
Even at low to moderate speeds, impacts cause:
- Lower extremity injuries
- TBI from hitting the vehicle or ground
- Internal injuries from the impact
- Back injuries from various impact dynamics
- Fractures
Catastrophic Injuries at Even Modest Speeds
Speed and pedestrian outcomes are tightly correlated.
Even at urban speeds, crashes produce devastating injuries.
Secondary Impacts
Pedestrians often suffer multiple impacts.
Common multi-impact scenarios include:
- Initial impact with the vehicle
- Being thrown onto the hood
- Windshield impact
- Being thrown onto the roof
- Being thrown from the vehicle
- Pavement strike
- Being run over
Insurance Companies Aggressively Blame Pedestrians
Pedestrian-fault arguments are routine.
Common defense arguments include:
- “You weren’t supposed to be there”
- The pedestrian wasn’t visible
- Yield-failure defenses
- Distraction defenses
- The pedestrian was impaired
These arguments often have weaknesses.
Common Causes of Pedestrian Accidents
Driver Failure to Yield
Drivers failing to yield to pedestrians in crosswalks are the most common cause.
Distracted Driving
Drivers using phones, GPS, or other distractions strike pedestrians.
Drunk and Impaired Drivers
Drunk drivers generate many serious pedestrian cases.
Speeding
Speeding generates fatal pedestrian crashes.
Drivers Backing Up Without Looking
Backing-up incidents cause pedestrian backing crashes.
Left-Turn Crashes
Left-turn pedestrian crashes cause many catastrophic outcomes.
Right-Turn Crashes
Right-turn crashes against pedestrians strike pedestrians who are properly in crosswalks.
Running Red Lights or Stop Signs
Traffic control violations create catastrophic pedestrian incidents.
Inadequate Visibility
Limited visibility including various visibility limitations drive 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-related incidents drive many pedestrian crashes.
Crosswalks
Pedestrians struck in crosswalks, despite pedestrian right-of-way happen frequently.
Mid-Block Crossings
Non-intersection crashes involve more pedestrian-fault defenses, but drivers still have duties.
Parking Lots
Pedestrians struck in parking lots happen frequently.
Sidewalks
Vehicles leaving the roadway and striking pedestrians on sidewalks.
School Zones
School zone pedestrian crashes are particularly devastating.
Construction Zones
Construction zone pedestrian crashes.
Highways
Highway incidents involving pedestrians generate fatal incidents.
Right-of-Way and Comparative Fault Analysis
Crosswalk Right-of-Way
Crosswalk pedestrians have legal right-of-way.
Specific rules vary by jurisdiction, 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 regardless of right-of-way.
Even Where Pedestrians Are at Fault
Even with pedestrian fault, recovery is still typically possible.
Pure comparative jurisdictions allow full recovery analysis.
Modified comparative fault states allow recovery within the limits.
Damages in Pedestrian Cases
Compensation in these cases include:
Medical Costs
Pedestrians typically require extensive medical care:
- Emergency and trauma care
- Surgical care
- Hospitalization
- Critical care costs
- Extended rehabilitation
- Continuing care
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Substantial wage loss and diminished earning capacity.
Pain and Suffering
Significant pain and suffering.
Loss of Enjoyment of Life
Significant loss of enjoyment of life.
Mental Health Treatment
Mental health damages.
Disfigurement and Scarring
Pedestrian crashes often produce significant scarring.
Loss of Consortium
Relationship impacts.
Wrongful Death
Pedestrian fatalities, generating many wrongful death claims.
Punitive Damages
Cases involving particularly harmful conduct may trigger enhanced damages.
Who Can Be Held Liable?
The Driver
Driver carries primary liability.
Drivers in Multi-Vehicle Crashes
Various contributing drivers can face liability.
Vehicle and Component Manufacturers
Product defect cases can implicate manufacturers.
Government Entities
For crashes involving road design, signal issues, signage problems create government liability.
Property Owners
Where property conditions contributed can implicate property owners.
Construction Companies
Construction-related 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 claims the pedestrian wasn’t in a crosswalk.
This defense can be countered through the legal framework for pedestrian rights.
“The Pedestrian Wasn’t Visible”
Defense argues the pedestrian was hard to see.
Drivers must observe pedestrians even when visibility is limited.
“The Pedestrian Was Distracted”
Distraction defenses. Even with pedestrian distraction, driver duties continue.
“The Pedestrian Was Impaired”
Defense raises pedestrian impairment. This doesn’t eliminate driver fault.
“The Pedestrian Caused Their Own Injuries”
Plaintiff fault arguments. The driver’s duty to see pedestrians and operate safely means complete pedestrian fault is rare.
“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
Don’t try to move with serious injuries. Moving with potential spinal injuries is dangerous.
Stay at the Scene Until Police Arrive
Stay put until law enforcement arrives.
Get Driver Information
Capture driver information.
Identify Witnesses
Witnesses may be deciding witnesses.
Photograph Everything
Visual evidence of every relevant detail.
Document the Crosswalk Status
Crosswalk status, whether you had walk signal, whether crosswalks were properly marked.
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, household auto policies may apply.
Special Considerations for Children
Pediatric pedestrian cases have particular concerns:
- Pedestrian fault is rarely applied to children
- Long-term damages
- Lifelong development impact
Attorney Costs
Counsel handling these cases charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and life-care planners advanced by the firm.
Move Quickly
Pedestrian accident cases require prompt action.
Video recordings gets overwritten quickly.
Witness memories deteriorate over time.
Electronic vehicle records may be lost.
Scene evidence may be altered.
OK’s statute of limitations applies regardless.
Getting an attorney involved promptly locks down the critical evidence.