Your Rights as a Pedestrian When a Driver Hits You
Quick answer: If a driver hits you, you have the legal right to seek full financial compensation for medical bills, lost wages, and pain and suffering. The driver’s auto insurance is the primary source of coverage, though your own policy may also apply depending on your state’s laws.
Being struck by a vehicle is a traumatic experience — and the moments that follow can feel overwhelming. Knowing your pedestrian rights ahead of time can make a critical difference in protecting both your health and your legal claim.
Immediate Steps to Take After Being Hit by a Driver
1. Seek Immediate Medical Care
Call 911 or ask a bystander to call on your behalf. Even if your injuries seem minor, a prompt medical evaluation creates an official record that directly supports your legal claim. Delaying treatment can give insurers grounds to dispute the severity of your injuries.
2. Get Everyone’s Contact Information
Realistically, you’re likely going to be injured and need to be taken to the hospital. If possible, try to get everyone’s contact information, driver’s license details, and insurance information before anyone leaves. If necessary, attempt to have someone else do so for you.
3. Call the Police
Always wait for law enforcement to file an official police report. This document serves as the foundational evidence for establishing fault in pedestrian accidents.
4. Document the Evidence
If you are physically able, photograph the vehicle, the surrounding scene, any traffic signs, your visible injuries, or have someone you trust do so. Eyewitness contact information is also valuable.
5. Do Not Admit Fault
Avoid statements like “I’m sorry” or “I didn’t see you.” Insurance companies can use these remarks to reduce your payout — even when the driver was clearly responsible.
Why Legal Representation Is Crucial
Insurance companies are experienced at minimizing payouts. Without legal guidance, you risk settling for far less than you deserve. An attorney who specializes in pedestrian accidents can gather evidence, negotiate with insurers, and fight for the full compensation you are owed.
If you or someone you love has been injured in a pedestrian accident, contact Bill Easterly & Associates today. Their team is ready to review your case, explain your rights, and help you pursue the compensation you deserve.
Frequently Asked Questions About Pedestrian Rights After a Car Accident
Can a pedestrian recover compensation if they were jaywalking?
Yes, in Tennessee. As long as the pedestrian is not found more than 50% at fault, comparative negligence laws still allow partial recovery — though the total payout will be reduced.
How long do I have to file a pedestrian accident claim?
Statutes of limitations vary by state, but most range from two to three years from the date of the accident. Consulting an attorney promptly helps preserve your evidence and legal options.
What if the driver’s insurance denies my claim?
You can dispute the denial through your own insurer or pursue legal action. An attorney can challenge the denial and negotiate directly with the insurance company on your behalf.
Does health insurance cover pedestrian accident injuries?
Health insurance may cover some medical costs, but it does not replace the compensation you are entitled to through an auto liability or personal injury claim.
