Can You Sue Someone for Running You Over?

Motor vehicle accidents, especially when they involve pedestrians, can be particularly traumatic. They can leave victims facing serious injuries and sometimes even result in death.

If you find yourself in a situation where you’ve been run over by a vehicle, you may be wondering about your legal options. Can you sue the driver? What steps are involved in a legal claim?

When you’ve suffered an injury in a pedestrian accident, do not wait to speak with a lawyer. A pedestrian accident attorney can address your questions and concerns and create a plan of action to pursue justice and compensation.

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Causes of Pedestrian Accidents

Young driver guy distracted by his phone while in front of the steering wheel, using his smartphone with one hand while driving. Pedestrian accidents can result from a variety of factors, often involving negligent driver behavior. Road conditions and other details can also play a role.

Some of the most common causes of accidents involving pedestrians include:

Distracted driving: Drivers using phones, adjusting the radio, or engaging in other distractions may not see pedestrians in time.
Speeding: Excessive speed reduces a driver’s ability to stop quickly, increasing the severity of accidents and the likelihood of not seeing a pedestrian in time.
Impaired driving: Alcohol and drugs can impair a driver’s judgment and reaction times, leading to collisions with pedestrians.
Failure to yield: The law in many states requires drivers to yield under certain circumstances, especially when pedestrians are involved. Drivers may not always stop for pedestrians at crosswalks or fail to yield the right of way.
Poor visibility: Conditions like fog, heavy rain, or nighttime driving can limit a driver’s ability to see pedestrians, especially when drivers do not adapt their driving to the conditions.
Inadequate infrastructure: Poorly designed crosswalks, lack of pedestrian signals, or insufficient lighting can contribute to pedestrian accidents.
Driver fatigue: Tired drivers may have slower reaction times and reduced awareness, leading to collisions with pedestrians.
Road conditions: potholes, uneven surfaces, and other hazards can create dangerous situations for drivers and pedestrians.
Mechanical failures: Issues with vehicles, including brake and steering problems, can cause drivers to lose control of their cars, increasing the chances of running into pedestrians.

If you’re run over by a driver, it’s particularly important to determine the cause of the accident. Knowing what or who caused the incident can help ensure you hold the appropriate parties liable for their wrongdoing.

Pedestrian Accident Injuries

Man with inflamed spinal cord injury pain highlighted in glowing red. Pedestrian accidents can result in a wide range of injuries but often involve serious, even life-threatening injuries. The severity of injuries often depends on factors such as the speed of the vehicle, the point of impact, and whether the pedestrian was thrown or struck directly.

Some of the common injuries sustained in pedestrian accidents include:

Fractures: Broken bones are common in the legs, arms, and pelvis. The impact from colliding with the vehicle or hitting the ground can cause significant damage to bones, which may require surgery, rehabilitation, and extensive treatment.
Head injuries: Concussions, skull fractures, and traumatic brain injuries can be severe and lead to long-term cognitive and physical impairments.
Spinal cord injuries: Damage to the spine can result in paralysis or other significant mobility issues, depending on the location and severity of the injury.
Internal injuries: Trauma to internal organs such as the liver, spleen, or kidneys can occur, potentially leading to internal bleeding or organ damage. Internal injuries often show no symptoms right away, but if they go untreated, they can cause substantial complications.
Lacerations and abrasions: Cuts and scrapes from contact with the vehicle or the ground are common. Depending on the severity, they may require stitches and medical treatment to prevent possible infections and scarring.
Dislocations: Joints in the shoulders, hips, or knees can become dislocated during the impact.
Crush injuries: When excessive force or pressure is put on a body part, bleeding, bruising, and fractures can result. In more severe cases, like when a pedestrian is pinned beneath a vehicle, compartment syndrome may occur, resulting in serious damage to muscles, nerves, tissues, and blood vessels.

When a person is run over, they are more likely to sustain substantial injuries that require ongoing care. Pursuing compensation for your pedestrian accident is critical, as it can help alleviate some of the financial pressure and ensure you can afford proper treatment for your recovery.

Liability for Accidents Involving Pedestrians

Simply put, the party responsible for your accident will be liable for your resulting injuries, expenses, and losses. Figuring out who you can hold accountable is essential.

Several parties may be found liable for pedestrian accidents, including:

Drivers
Drivers’ employers
City or county governments
Maintenance companies
Product designers and manufacturers
Local departments of transportation

In some cases, more than one party may be responsible for a pedestrian accident. For example, the driver who ran you over may be partially at fault if they were distracted, but the city can also share responsibility for a hazardous road condition that contributed to the collision.

Negligence is usually at the heart of pedestrian accidents. If the liable party was negligent, you must establish they owed you a duty of care, they breached this duty, their actions were the direct cause of your accident, and you suffered injuries and damages as a result.

Proving liability for a pedestrian accident may be challenging, but a skilled pedestrian accident lawyer has the skills and resources to hold the correct party accountable and pursue compensation on your behalf.

Filing a Claim After Getting Run Over

Claims text message and magnifying glass with space copy on wooden background If you’re run over and sustain injuries, you may have a valid claim for compensation. The route you take to obtain financial recovery depends on the specifics of your case but can include an insurance claim or a lawsuit. Some cases involve both.

Insurance Claim

If you’re run over and the liable driver is insured, you can file a claim through their insurer. Filing a collision claim with the auto insurance company can help you pursue financial recovery for certain damages, including medical expenses, lost income, and pain and suffering.

Once you file your claim, the insurance company investigates the accident. Based on the outcome of their investigation, they’ll determine whether to approve or deny the claim. If the insurance company approves your claim, they’ll provide a settlement offer. Reviewing the offer is key, as you may need to negotiate for a better payout.

Should the insurance company fail to fairly settle your claim or outright deny your claim, you can take further action, which may include filing a lawsuit.

Personal Injury Lawsuit

Personal injury lawsuits are often necessary when the insurance company is not willing to offer a fair settlement during negotiations. Also, when a responsible party is uninsured, you may need to file a legal claim against them personally.

Your pedestrian accident attorney may begin by sending the insurance company a demand letter. Within the demand letter, your lawyer will include information concerning your accident, including details about your injuries and the insured’s liability. At the end of the letter, your attorney will include a monetary figure representing the value of your claim and request the insurance company settle for said amount.

Upon receipt of the demand letter, the insurance company has the option to accept your attorney’s request or negotiate. Alternatively, the insurance company may remain resistant to settling.

Based on the insurance company’s reaction to the letter, your lawyer may need to take further legal action. Your pedestrian accident attorney will not hesitate to file a personal injury lawsuit if necessary.

Wrongful Death Lawsuit

Unfortunately, many pedestrian accidents result in fatalities. Thousands of pedestrians die every year due to collisions. If your loved one was run over and passed away as a result, you may have a valid wrongful death claim.

A wrongful death claim is a legal action taken by the surviving family members or dependents of a person who died due to the negligent, reckless, or intentional conduct of another party. This type of claim seeks to provide compensation to the victim’s family and beneficiaries for their losses resulting from the death.

Damages for wrongful death lawsuits can help ease financial strain, including compensation for funeral and burial costs, medical expenses, and the victim’s lost earnings.

After the wrongful death of a loved one in a pedestrian accident, you should not hesitate to take action. A knowledgeable attorney can provide support and direction for your case.

Suing for a Pedestrian Accident – Steps Involved in a Lawsuit

When you’re run over in a pedestrian accident, you may have the opportunity to sue, whether it be the insurance company or the party responsible for your injuries. Proceeding with a lawsuit can seem stressful and overwhelming, but an accident attorney can handle every aspect of your case. They will represent your best interests while pursuing the most favorable outcome.

Filing Your Claim in Court

To initiate your claim, your accident attorney will draft and file a complaint with the appropriate court, detailing your allegations and the relief you seek. The opposing party will receive copies of court documents and must provide the court with a response to your complaint.

Engaging in Discovery

Discovery is usually the most time-consuming, but important, part of your lawsuit. Both parties engage in discovery, where they exchange evidence, take depositions, and prepare for trial.

Negotiating for a Fair Settlement

Once discovery is completed, both parties can engage in settlement negotiations. A majority of personal injury cases are settled outside of court, as settling provides both parties several benefits.

Your attorney can protect your interests and negotiate with the defense to reach a fair settlement for your case.

Going to Trial

While many cases settle and do not go to trial, it is always an option when a settlement cannot be reached. Trial involves both sides presenting their arguments, evidence, and testimony before a judge or jury, who will render a verdict.

Recoverable Damages in Pedestrian Accident Cases

Damages & Claim Written on Wooden Blocks The primary purpose of filing a lawsuit is to recover monetary damages. In pedestrian accident cases, the damages you can claim depend on the specific circumstances of your accident and the extent of your injuries and losses. Damages can include:

Medical expenses: Compensation for current medical costs, including hospital bills, doctor visits, surgeries, medications, and other treatments. You can also pursue future medical costs for ongoing or future medical care that you’ll need due to your accident, like physical therapy, rehabilitation, and long-term care.
Lost earnings: Compensation for income or salary you lost while you were unable to work due to your injuries. If your injuries affect your ability to earn money in the future, you may be entitled to compensation for diminished or lost earning capacity as well.
Pain and suffering: Compensation for the physical pain and discomfort caused by your injuries and the psychological impacts of your accident.

Depending on the situation, your case may also qualify for punitive damages. These damages may be available in cases where the defendant was particularly reckless or egregious actions caused your accident and resulting harm.

Your pedestrian accident attorney can evaluate your case and calculate your damages to determine how much your case is worth. Knowing the value of your case helps ensure you get a proper settlement or award.

What if I Was Run Over and the Responsible Driver Fled the Scene?

Hit and run pedestrian accidents are particularly common. Often, after hitting someone with their vehicle, drivers freak out and flee. Fleeing the scene of an accident is illegal in most states.

If you were the victim of a hit and run accident, you may still have options to obtain compensation. These cases can be particularly challenging to navigate, so you should always speak with a pedestrian accident attorney right away to go over your rights and options.

Can You Sue the At-Fault Driver Once They’re Found?

Law enforcement officers and your lawyer can investigate your accident to find the party responsible for your injuries. If found, you can seek compensation from them. This may include filing an insurance claim through their insurance or suing them directly.

One of the goals of your pedestrian accident lawyer is to find the at-fault driver. Once they do, they can instruct you on the best way to pursue compensation, based on the circumstances.

An Attorney Can Determine Whether You Can Sue for Your Pedestrian Accident, Call Today

If you’ve been run over in a pedestrian accident, you may have the right to sue for damages. It’s essential to seek legal advice from a skilled personal injury lawyer to ensure your rights are protected, and you have the best chance of receiving just compensation for your losses.

Following a pedestrian accident, consult with a lawyer as soon as possible for guidance and support.