Recovering Damages From a Pedestrian Injury in Purcell, 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. Defense routinely blames pedestrians. A Purcell pedestrian accident lawyer builds these cases against the aggressive insurance approach.
Why Pedestrian Cases Are Distinctive
Catastrophic Injury Patterns
Pedestrians lack vehicle protection.
The pedestrian bears the entire crash energy.
Even at modest speeds, impacts cause:
- Leg and pelvic injuries from initial impact
- 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
Studies consistently show that pedestrian survival rates drop dramatically as vehicle speed increases.
Even at urban speeds, pedestrian crashes produce catastrophic injuries.
Secondary Impacts
Pedestrians frequently suffer multiple impact events.
Typical impact patterns include:
- First impact with the vehicle
- Being thrown onto the hood
- Striking the windshield
- Roof impact
- Ejection from the vehicle
- Pavement strike
- Subsequent vehicle contact
Insurance Companies Aggressively Blame Pedestrians
Defense routinely pushes pedestrian fault.
Defense routinely raises:
- The pedestrian was in the wrong place
- The pedestrian wasn’t visible
- “You should have yielded”
- The pedestrian was distracted
- “You’d been drinking”
These arguments often have weaknesses.
Common Causes of Pedestrian Accidents
Driver Failure to Yield
Yield failures generate many pedestrian incidents.
Distracted Driving
Inattentive drivers hit pedestrians.
Drunk and Impaired Drivers
Substance-impaired 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
Left-turn pedestrian crashes generate many serious crashes.
Right-Turn Crashes
Right-turn crashes against pedestrians cause many pedestrian incidents.
Running Red Lights or Stop Signs
Signal/sign violations endanger pedestrians who have right-of-way.
Inadequate Visibility
Poor visibility conditions including various visibility limitations increase crash risk.
Sidewalk and Crosswalk Issues
Crosswalk infrastructure problems can contribute to crashes.
Vehicle Defects
Vehicle defects affecting visibility, braking, or other safety can contribute to pedestrian crashes.
Where Pedestrian Crashes Happen
Intersections
Intersection-related incidents account for many pedestrian incidents.
Crosswalks
Crosswalk pedestrian incidents, despite signal/sign right-of-way for pedestrians drive many incidents.
Mid-Block Crossings
Pedestrians struck mid-block can be more contested than intersection crashes, but pedestrian rights and driver duties still apply.
Parking Lots
Pedestrians struck in parking lots are particularly common.
Sidewalks
Vehicles leaving the roadway and striking pedestrians on sidewalks.
School Zones
School zone pedestrian crashes involve child victims.
Construction Zones
Construction zone pedestrian crashes.
Highways
Pedestrians on highways generate fatal incidents.
Right-of-Way and Comparative Fault Analysis
Crosswalk Right-of-Way
Pedestrians in marked crosswalks are protected by right-of-way rules.
State law governs specific rules, but pedestrians in crosswalks typically have priority.
Unmarked Crosswalks
Unmarked crosswalks at intersections extend pedestrian protection.
Driver Duty to See Pedestrians
Drivers have a continuing duty to look for pedestrians continuously.
Even Where Pedestrians Are at Fault
Even where pedestrians share some fault, comparative fault rules typically allow recovery.
States with pure comparative fault allow recovery even when the pedestrian was more at fault than the driver.
Modified comparative fault jurisdictions permit recovery up to the bar.
Damages in Pedestrian Cases
Pedestrian accident damages can be substantial include:
Medical Costs
Pedestrian medical costs are substantial:
- Trauma center costs
- Surgery costs
- Hospital stays
- Critical care costs
- Long-term recovery
- Future medical care
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Major income impact 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
Relationship impacts.
Wrongful Death
Pedestrian crashes have high fatality rates, generating many wrongful death claims.
Punitive Damages
In cases involving extreme conduct may support punitive damages.
Who Can Be Held Liable?
The Driver
Driver is the primary defendant.
Drivers in Multi-Vehicle Crashes
Various contributing drivers can face liability.
Vehicle and Component Manufacturers
Equipment-related crashes can implicate manufacturers.
Government Entities
Public infrastructure issues can implicate government entities.
Property Owners
Property issues affecting the crash can implicate property owners.
Construction Companies
Work zone cases 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 delivery and rideshare incidents can implicate the relevant platform.
Common Insurance Defenses
“The Pedestrian Was Jaywalking”
The dominant defense.
Defense claims the pedestrian wasn’t in a crosswalk.
This defense can be countered through comprehensive analysis of crosswalk laws and pedestrian rights.
“The Pedestrian Wasn’t Visible”
Defense leverages visibility limitations.
Drivers have duty to look for pedestrians even when visibility is limited.
“The Pedestrian Was Distracted”
Defense argues plaintiff was on their phone. Even if accurate, drivers maintain their duty.
“The Pedestrian Was Impaired”
Impairment defenses. This doesn’t eliminate the driver’s duties.
“The Pedestrian Caused Their Own Injuries”
Plaintiff fault arguments. Driver duties means rare that the pedestrian is entirely at fault.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Pedestrian Accident
Get Immediate Medical Attention
Even without obvious severe injuries, prompt medical evaluation is essential. Hidden injuries are common.
Don’t Move If Seriously Injured
Don’t try to move with serious injuries. Trying to move with spine injuries can increase injury.
Stay at the Scene Until Police Arrive
Wait for police.
Get Driver Information
Capture driver information.
Identify Witnesses
Bystanders, other pedestrians, business employees can be crucial.
Photograph Everything
Comprehensive scene documentation.
Document the Crosswalk Status
Where you were in relation to the crosswalk, Pedestrian signal information, 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
Insurance adjusters call quickly. Direct insurer communication create problematic admissions.
Special Considerations for Hit-and-Run Pedestrian Cases
Hit-and-run pedestrian incidents are especially serious.
For pedestrians who don’t own a vehicle, household auto policies may apply.
Special Considerations for Children
Pediatric pedestrian cases face specific considerations:
- Children typically aren’t held to the same fault standard
- Damages over a longer lifespan
- Lifelong development impact
Attorney Costs
Lawyers experienced with pedestrian crashes work on contingency. Specialty expertise costs advanced by the firm.
Move Quickly
Time pressure is real.
Camera evidence gets overwritten quickly.
Independent observations deteriorate over time.
Electronic vehicle records require preservation.
Scene evidence may be altered.
OK’s statute of limitations applies regardless.
Getting an attorney involved promptly positions the case for the substantial recovery these cases support despite aggressive insurance defenses.