Recovering Damages From a Pedestrian Injury in Anadarko, OK
Pedestrian crashes produce catastrophic injuries faced with aggressive defense. There’s no airbag, no crumple zone, no metal frame between the pedestrian and the vehicle. The forces involved in a vehicle-pedestrian crash transfer directly to the human body. Defense routinely blames pedestrians. An attorney familiar with these distinctive cases builds these cases against the aggressive insurance approach.
Why Pedestrian Cases Are Distinctive
Catastrophic Injury Patterns
There’s no protective enclosure for pedestrians.
The pedestrian bears the entire crash energy.
Even at modest speeds, pedestrian-vehicle crashes produce:
- Lower extremity injuries
- Head and brain injuries from striking the vehicle or pavement
- Internal injuries from blunt force trauma
- Spinal injuries
- Multiple fractures
Catastrophic Injuries at Even Modest Speeds
Speed and pedestrian outcomes are tightly correlated.
Even at urban speeds, impacts cause severe outcomes.
Secondary Impacts
Secondary impacts are common.
Common multi-impact scenarios include:
- Vehicle-strike
- 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
The “jaywalking” framing is the dominant insurance tactic.
Standard defense tactics include:
- The pedestrian was in the wrong place
- Visibility defenses
- “You should have yielded”
- Distraction defenses
- “You’d been drinking”
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
Drivers using phones, GPS, or other distractions strike pedestrians.
Drunk and Impaired Drivers
Drunk drivers generate many serious pedestrian cases.
Speeding
Drivers exceeding safe speeds drives catastrophic outcomes.
Drivers Backing Up Without Looking
Drivers backing up without checking cause pedestrian backing crashes.
Left-Turn Crashes
Turning-vehicle pedestrian crashes generate many serious crashes.
Right-Turn Crashes
Right-turn pedestrian crashes cause many pedestrian incidents.
Running Red Lights or Stop Signs
Traffic control violations cause serious pedestrian crashes.
Inadequate Visibility
Visibility issues (weather, time of day, vehicle issues) contribute to crashes.
Sidewalk and Crosswalk Issues
Crosswalk infrastructure problems drive crashes.
Vehicle Defects
Equipment-related crashes 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 face more contested fault analysis, but driver duties still apply.
Parking Lots
Parking lot pedestrian crashes are recurring incidents.
Sidewalks
Sidewalk crashes.
School Zones
Child pedestrian crashes in school zones generate distinctive cases.
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
Pedestrians in marked crosswalks generally have right-of-way.
Right-of-way rules vary, but pedestrians have priority in crosswalks.
Unmarked Crosswalks
Intersection crossings as having pedestrian right-of-way.
Driver Duty to See Pedestrians
Drivers must look for pedestrians in all circumstances.
Even Where Pedestrians Are at Fault
Even when pedestrians weren’t entirely correct, recovery is still typically possible.
Pure comparative fault states permit recovery even with pedestrian-majority fault.
Modified comparative fault jurisdictions still allow recovery up to the threshold percentage.
Damages in Pedestrian Cases
Pedestrian accident damages can be substantial include:
Medical Costs
Pedestrian cases involve significant medical care:
- Initial emergency treatment
- Surgical care
- Inpatient care
- ICU costs
- Extended rehabilitation
- Long-term medical needs
- Prosthetics and adaptive devices
- Home modifications
Lost Wages and Earning Capacity
Significant lost wages and diminished earning capacity.
Pain and Suffering
Significant pain and suffering.
Loss of Enjoyment of Life
Pedestrian injuries often eliminate the ability to do basic activities.
Mental Health Treatment
Psychological consequences.
Disfigurement and Scarring
Visible scarring.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Pedestrian crashes have high fatality rates, generating many wrongful death claims.
Punitive Damages
Cases involving particularly harmful conduct may unlock exemplary damages.
Who Can Be Held Liable?
The Driver
Primary defendant is the typical primary target.
Drivers in Multi-Vehicle Crashes
Multiple driver fault 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
Premises-related contributions 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
Truck pedestrian crashes can implicate commercial carriers.
Rideshare and Delivery Platforms
Gig platform crashes create platform-specific claims.
Common Insurance Defenses
“The Pedestrian Was Jaywalking”
The most common defense.
Defense claims the pedestrian was crossing improperly.
This defense can be countered through comprehensive analysis of crosswalk laws and pedestrian rights.
“The Pedestrian Wasn’t Visible”
Defense claims the pedestrian was hard to see.
Drivers must observe pedestrians despite visibility issues.
“The Pedestrian Was Distracted”
Defense argues plaintiff was on their phone. Even if accurate, drivers maintain their duty.
“The Pedestrian Was Impaired”
“You’d been drinking”. Pedestrian impairment doesn’t fully bar recovery.
“The Pedestrian Caused Their Own Injuries”
Sole-fault defenses against pedestrians. The driver’s continuing duty means complete pedestrian fault is rare.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Pedestrian Accident
Get Immediate Medical Attention
Even if you think you’re “fine”, same-day medical care matters. Pedestrian injuries can include internal damage that’s not immediately apparent.
Don’t Move If Seriously Injured
Don’t try to move when seriously hurt. Moving with potential spinal injuries can increase injury.
Stay at the Scene Until Police Arrive
Don’t leave.
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
Whether you were in a crosswalk, Signal status, whether crosswalks were properly marked.
Get a Police Report
Insist on official documentation.
Don’t Discuss Fault
Don’t speculate.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Recorded statements before legal advice hurt the claim.
Special Considerations for Hit-and-Run Pedestrian Cases
Hit-and-run pedestrian crashes are especially serious.
For pedestrians who don’t own a vehicle, UM coverage on a household member’s policy may apply.
Special Considerations for Children
Pediatric pedestrian cases face specific considerations:
- Children typically aren’t held to the same fault standard
- Lifetime damages
- Educational and developmental impact
Attorney Costs
Pedestrian accident attorneys work on contingency. Specialty expertise costs reimbursed from the recovery.
Move Quickly
Pedestrian accident cases require prompt action.
Surveillance footage requires prompt preservation.
Independent observations deteriorate over time.
Vehicle data require preservation.
Scene conditions can change.
Filing deadlines continues running.
Getting an attorney involved promptly positions the case for the substantial recovery these cases support despite aggressive insurance defenses.