Confusion, pain, and shock: These are some of the most often reported states of mind by pedestrians after being struck by a vehicle. Unfortunately, many injured pedestrians hold misconceptions that can impact their physical and financial recovery. Here are some of the most common misunderstandings and the realities every pedestrian should know.
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“Pedestrians Always Have the Right of Way.”
Many believe that pedestrians are always legally protected, no matter the circumstances. While drivers are required to yield in many situations—especially at marked crosswalks and intersections—pedestrians also must follow traffic laws. If a pedestrian crosses against a signal, jaywalks, or steps into traffic unexpectedly, they may be found partially or fully at fault for the accident. Often, this reduces or even eliminates their right to compensation under comparative negligence rules.
“The Driver Is Always at Fault.”
Don’t believe that old standby, “It’s always the driver’s fault” when it comes to pedestrian accidents. In reality, fault is determined by examining the actions of both the driver and the pedestrian. Other factors that weigh in include traffic signals, weather and visibility, and road conditions. If the pedestrian was distracted, ignored signals, or crossed outside a crosswalk, they may share responsibility for the crash.
“I Can’t Be Seriously Injured If the Car Was Moving Slowly.”
Some pedestrians underestimate their injuries if a vehicle was traveling at a low speed. The truth is, even a car moving at 10–15 mph can cause significant harm, including broken bones and head trauma. According to the Federal Highway Association (FHWA), low-speed collisions between a pedestrian and a car can result in traumatic brain injuries and musculoskeletal injuries, especially in children and older adults. Never assume you’re not hurt after a collision; seek medical attention to be sure.
“Insurance Doesn’t Apply to Pedestrian Accidents.”
Many injured pedestrians mistakenly believe that insurance won’t cover their injuries because they were not in a vehicle. The reality is that most of the time, the at-fault driver’s auto insurance covers pedestrian injuries. If the vehicle driver is uninsured or underinsured, the pedestrian’s auto or health insurance may provide additional coverage.
“If I Jaywalked, I Can’t Recover Damages.”
While jaywalking can result in a pedestrian being found partially at fault, it does not automatically bar them from recovering compensation in most states. Comparative negligence laws mean your percentage of fault may reduce your compensation, but you may still recover damages if you are 50% or less at fault. For example, if you are found 20% at fault, your damages will be reduced by 20%.
“I Don’t Need a Lawyer—The Insurance Company Will Take Care of Me.”
Some pedestrians trust that insurance companies will handle everything fairly. However, insurers often try to minimize payouts or shift blame. Without legal representation, injured pedestrians may accept settlements far below what they deserve or fail to challenge a denial of their claim. A personal injury attorney can gather evidence, negotiate with insurers, and fight for fair compensation. Even when legal fees are paid, after a case is settled, you will likely have more money in your pocket than if you attempted to file and negotiate a claim without legal representation.
“Pedestrian Accidents Only Happen at Night or in Big Cities.”
Accidents can happen at any time of day and in any location, including urban, suburban, and rural areas. Daytime accidents are common, especially in busy areas, parking lots, or places with heavy foot traffic.
The City of Sacramento identified a “High Injury Network” where severe and fatal pedestrian collisions most often occur. These are high-frequency zones where pedestrian activity and vehicle traffic intersect and include Midtown, Oak Park, and along major thoroughfares like the R Street corridor. Sacramento has also installed security measures to lessen pedestrian and other accidents.
“If I Wasn’t Paying Attention, I Can’t File a Claim.”
Distractions, such as talking on a phone while walking, can contribute to fault; however, it doesn’t necessarily prevent you from seeking compensation. Depending on the degree of fault, you may still recover damages if the driver was also negligent.
The Bottom Line:
Pedestrian accidents are rarely straightforward. If you’re hit by a car while walking, regardless of whether you are in a crosswalk or pedestrian access area or not, seek proper medical attention, document everything, and contact an experienced personal injury attorney with experience in pedestrian accidents. These steps will significantly increase your chances of getting the compensation you deserve.
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If you need advice or support regarding a claim or case, contact the pedestrian accident attorneys at Eason & Tambornini. Call (916) 438-1819 today for a free consultation.