At Gallon, Takacs & Boissoneault, our pedestrian accident lawyers help injured people and families understand their rights after a crash. For more than 70 years, our law firm has served clients across Northwest Ohio, Southeast Michigan, and Northeast Indiana. We help injured pedestrians pursue compensation for medical bills, lost wages, pain and suffering, future treatment needs, and other losses caused by a negligent driver.
When Should You Call a Pedestrian Accident Lawyer?
You should call a pedestrian accident lawyer if you were hit by a vehicle, suffered injuries, missed work, received medical treatment, or have questions about an insurance claim. Legal guidance becomes especially important when the driver denies fault, the insurance company contacts you quickly, or your injuries may require ongoing care.
Pedestrian accident cases can become complicated fast. The driver may claim they did not see you. The insurance company may argue that you crossed outside a crosswalk, moved too quickly, ignored a signal, or shared responsibility for the crash. Even when the driver clearly caused the collision, the insurance company may still look for ways to reduce what it pays.
A pedestrian accident lawyer can investigate what happened, gather evidence, communicate with the insurance company, review medical records, and help determine the full value of your claim. This includes more than the first hospital bill. A strong claim should also consider future treatment, physical therapy, lost income, reduced earning ability, pain and suffering, and the long-term effects of the injuries.
Do Pedestrians Have the Right of Way?
However, pedestrian accident cases are not always simple. The location of the pedestrian, the traffic signal, the crosswalk, the driver’s speed, lighting, visibility, and witness statements may all matter. In some cases, the driver may argue that the pedestrian entered the road suddenly or crossed outside the proper area.
That does not mean the pedestrian has no claim. Fault should be based on evidence, not assumptions. A careful review can help determine who had the right of way, whether the driver had time to stop, and whether the driver acted reasonably before the crash.
When Do Pedestrians Not Have the Right of Way?
Pedestrians may not have the right of way in every situation. For example, a pedestrian may create risk by crossing outside a designated crosswalk, entering the roadway suddenly, ignoring traffic signals, or walking where pedestrian access is not allowed.
Even then, drivers still have a responsibility to use care. A driver cannot ignore a person in the roadway simply because the pedestrian may have made a mistake. Drivers must stay alert, follow traffic laws, and take reasonable steps to avoid a crash when possible.
This is one reason pedestrian accident claims require a careful investigation. The question is not always whether the pedestrian had perfect behavior. The question is what happened, what the driver saw or should have seen, and whether the crash could have been avoided.
Common Causes of Pedestrian Accidents
Common causes of pedestrian accidents include distracted driving, speeding, failure to yield, unsafe turns, impaired driving, poor visibility, aggressive driving, backing-up accidents, and drivers ignoring traffic signals or stop signs.
Many pedestrian crashes happen at intersections or in parking lots. Others happen near schools, neighborhoods, businesses, construction zones, or busy roadways where drivers may not expect people to cross. Poor lighting, weather, road design, and missing signage may also play a role.
When a pedestrian gets hit by a vehicle, it is important to identify every contributing factor. The driver may not be the only responsible party in some cases. A claim may involve a company vehicle, a rideshare driver, a delivery driver, a dangerous property condition, or another source of liability.
Common Injuries After a Pedestrian Accident
Pedestrian accidents can cause serious, life-changing injuries. A vehicle does not have to be traveling at highway speed to seriously injure someone walking. The impact can throw the pedestrian onto the hood, windshield, pavement, or another object.
Common pedestrian accident injuries include broken bones, pelvic fractures, head injuries, traumatic brain injuries, concussions, neck injuries, spinal cord injuries, back injuries, internal bleeding, organ damage, knee injuries, shoulder injuries, facial injuries, and severe bruising or soft tissue damage.
Some injuries appear right away. Others develop over time. A person may feel soreness, dizziness, headaches, numbness, back pain, or worsening symptoms hours or days after the crash. That is why medical care matters after any pedestrian accident.
A pedestrian accident claim should consider the full effect of the injuries. Medical bills are only one part of the case. Future treatment, surgery, therapy, mobility limitations, lost wages, reduced earning ability, pain and suffering, and changes to daily life may also affect the value of the claim.
What Should You Do After Being Hit by a Car?
After being hit by a car, your priority should be medical care. Call 911 or ask someone nearby to call for help. Even if you think you can stand or walk away, get checked by a medical professional as soon as possible.
You should also report the crash to the police. An official police report can help document where the crash happened, who was involved, what the driver said, whether witnesses were present, and whether any traffic violations were noted.
If you can do so safely, take photos of the scene, the vehicle, the crosswalk, traffic signals, skid marks, debris, lighting, weather conditions, and your visible injuries. Get the driver’s name, contact information, insurance information, and license plate number. If witnesses saw the crash, ask for their names and phone numbers.
Do not argue about fault at the scene. Do not apologize or make statements that could be misunderstood later. After a pedestrian accident, pain, shock, and confusion can make it hard to process what happened. Stick to the facts and focus on getting medical help.
Be Careful When Speaking With Insurance Companies
Insurance companies do not always treat pedestrian accident claims fairly. An adjuster may sound helpful, but the insurance company’s goal is to limit what it pays. That may include questioning your injuries, blaming you for the crash, or offering a fast settlement before the full medical picture is clear.
Be careful before giving a recorded statement. The insurance company may ask about where you crossed, whether you looked both ways, what you were wearing, whether you saw the vehicle, or whether anything distracted you. Your answers may later be used to challenge fault or reduce your claim.
You should also be cautious before accepting a settlement. A quick offer may not include future medical care, therapy, lost income, long-term pain, or the full impact of the injury. Once you settle, you may not be able to ask for more compensation later.
Before speaking in detail with the insurance company or signing anything, it is wise to understand your rights and the value of your claim.
What Compensation Can You Recover After a Pedestrian Accident?
A pedestrian accident claim can help an injured person pursue compensation for medical bills, lost wages, pain and suffering, future treatment, and other losses caused by the crash. The available compensation depends on the facts of the case, the injuries, insurance coverage, and how the crash affected the person’s life.
Medical expenses may include ambulance care, emergency treatment, hospital stays, surgery, doctor visits, physical therapy, medication, medical equipment, and future treatment needs. If the injuries prevent the person from working, lost wages and reduced earning capacity may also become part of the claim.
Pain and suffering may also matter. A pedestrian accident can affect how someone walks, sleeps, works, drives, cares for family, and handles daily activities. Serious injuries can also cause emotional distress, anxiety, loss of independence, and long-term changes to quality of life.
In fatal pedestrian accident cases, surviving family members may have the right to pursue a wrongful death claim. These claims may involve funeral expenses, loss of companionship, loss of support, and other damages allowed by law.
Attorney Insight: Why Pedestrian Accident Cases Need Early Investigation
Pedestrian accident cases often turn on evidence. The driver may claim the pedestrian appeared suddenly, crossed outside a crosswalk, or walked into the vehicle’s path. That is why early investigation matters.
“In pedestrian accident cases, we want to know exactly where the person was walking, what the driver saw, what the driver should have seen, and whether the driver had time to stop,” says Kevin J. Boissoneault, Personal Injury Lawyer at Gallon, Takacs & Boissoneault. “A serious pedestrian injury should never be evaluated on assumptions. The facts, the evidence, and the medical impact all matter.”
This approach matters because injured pedestrians can face unfair blame. A driver’s version of events may not tell the full story. Traffic cameras, witness statements, vehicle damage, police reports, medical records, and scene photos can all help show what really happened.
What Evidence Helps a Pedestrian Accident Claim?
Evidence can help show how the crash happened, who had the right of way, whether the driver acted negligently, and how the injuries affected the pedestrian’s life. The sooner evidence is gathered, the stronger the claim may become.
Helpful evidence may include the police report, crash scene photos, witness statements, traffic camera footage, nearby business surveillance video, vehicle damage, medical records, emergency room records, therapy notes, missed work documentation, and insurance information.
The location of the crash may also matter. Crosswalk markings, traffic lights, stop signs, speed limits, lighting, roadway layout, and weather conditions can all help explain what happened. In some cases, an investigation may also review whether the driver was distracted, impaired, speeding, or working at the time of the crash.
If the crash involved a commercial vehicle, delivery vehicle, rideshare driver, or company employee, additional evidence may exist. This can include employer records, GPS data, trip records, driver logs, company policies, and vehicle maintenance records.
Common Mistakes That Can Hurt a Pedestrian Accident Claim
One common mistake after a pedestrian accident is waiting too long to get medical care. Delayed treatment can give the insurance company room to argue that the crash did not cause the injuries. Even if symptoms seem manageable at first, get evaluated and follow your doctor’s advice.
Another mistake is giving the insurance company too much information too soon. An adjuster may ask questions that seem routine, but those answers may later be used to dispute fault or reduce compensation.
Injured pedestrians should also avoid posting about the crash or their injuries on social media. Insurance companies may look for photos, comments, check-ins, or updates that they can use against the claim.
Other mistakes include failing to document missed work, losing track of medical bills, not getting witness information, accepting a fast settlement, or assuming the insurance company calculated the claim fairly.
What If the Driver Says You Were at Fault?
If the driver says you were at fault, do not assume your claim is over. Drivers and insurance companies may blame pedestrians even when the evidence tells a different story.
A driver may argue that you crossed outside a crosswalk, stepped into traffic, wore dark clothing, or failed to pay attention. Those claims should be reviewed carefully. The driver’s speed, visibility, distraction, reaction time, traffic signals, lighting, and ability to stop may all matter.
Fault can be complex in pedestrian accident cases. The injured person may still have legal options depending on the facts, available evidence, and applicable law. A pedestrian accident lawyer can help review the claim and identify the strongest evidence.
Why Choose Gallon, Takacs & Boissoneault?
Choosing the right pedestrian accident lawyer matters because serious injury cases require careful investigation, strong documentation, and a clear understanding of how insurance companies evaluate claims.
Gallon, Takacs & Boissoneault has helped injured individuals and families for more than 70 years. Our law firm serves clients across Northwest Ohio, Southeast Michigan, and Northeast Indiana, with offices in Toledo, Maumee, Defiance, Fremont, Findlay, Lima, Mansfield, Sandusky, and Monroe.
Our personal injury lawyers focus on helping injured people understand their rights, protect their claims, and pursue compensation after serious accidents. We know how a pedestrian injury can affect a person’s health, work, finances, family, and future.
When you contact our law firm, you work with a legal team that understands local courts, local communities, and the challenges injured people face after a serious crash.
FAQ About Pedestrian Accident Claims
What should I do immediately after a pedestrian accident?
After a pedestrian accident, seek medical care, call the police, get the driver’s information, collect witness names, take photos if possible, and keep all medical and insurance paperwork. You should also avoid giving a recorded statement to the insurance company before understanding your rights.
Can I recover compensation if I was hit while walking?
You may be able to recover compensation if another driver’s negligence caused your injuries. Compensation may include medical bills, lost wages, pain and suffering, future treatment, and other losses related to the pedestrian accident.
What if the driver says I crossed outside the crosswalk?
A driver’s claim does not automatically defeat your case. The facts still matter. Evidence may show whether the driver was speeding, distracted, impaired, failed to yield, or had enough time to avoid the crash.
What injuries are common in pedestrian accidents?
Common pedestrian accident injuries include broken bones, pelvic injuries, traumatic brain injuries, concussions, spinal injuries, neck and back injuries, internal injuries, knee injuries, shoulder injuries, and long-term pain.
Should I speak with the insurance company after a pedestrian accident?
You should be careful when speaking with the insurance company. An adjuster may ask questions that can later be used to challenge fault or reduce your claim. It is often best to understand your rights before giving a recorded statement.
When should I contact a pedestrian accident lawyer?
You should contact a pedestrian accident lawyer if you were injured, missed work, received medical treatment, the fault is disputed, or the insurance company contacts you about a settlement. Legal guidance can help protect your claim and preserve important evidence.
Talk to a Pedestrian Accident Lawyer
A pedestrian accident can leave you facing medical bills, missed work, pain, and uncertainty about what to do next. When a driver hits someone walking, the insurance company may move quickly to question fault, limit the claim, or push for a settlement before the full impact of the injuries is known.
Gallon, Takacs & Boissoneault helps injured pedestrians and families protect their rights after serious accidents. Our pedestrian accident lawyers investigate what happened, deal with the insurance company, review the medical impact of the crash, and pursue compensation for medical bills, lost wages, pain and suffering, future treatment, and other losses.
For more than 70 years, our law firm has stood with injured people across Northwest Ohio, Southeast Michigan, and Northeast Indiana. If you were hit by a vehicle while walking, you do not have to sort through the legal process alone.
Call 419-843-6663 or contact Gallon, Takacs & Boissoneault online for a free consultation.
Call us. We can help.
