Pedestrian Accident Lawyer: Find The Best Near You (2025)

When to Hire a Pedestrian Accident Lawyer

Dealing with the after effects of a pedestrian accident is a challenge. It is common to juggle insurance claims, medical recovery, and missing work all at the same time. In cases involving a pedestrian death, you may be suffering through grief while handling funeral arrangements and estate matters.

An experienced lawyer can help your case in the following ways.

Gathering Evidence

Your lawyer will thoroughly investigate the accident to gather evidence of what happened and who may be at fault. This often includes interviewing witnesses, reviewing the police report, and examining any photographs or video from the accident.

Estimating Your Loss

If you’ve been injured in a pedestrian accident, you are likely facing significant bills. Your lawyer will consider your immediate medical expenses, but also take into consideration long-term medical care and other future expenses the accident may have caused. This estimation will help them advise you on how much your case is worth.

Managing Insurance Claims

Dealing with insurance companies can be a difficult challenge. Your lawyer can help you navigate insurance claim paperwork and filing rules. They can also negotiate with the insurance company on your behalf and review insurance settlement offers to make sure you get a fair deal.

Coordinating Experts

Experts can be vital to proving what occurred in an accident. The most commonly required experts in a pedestrian accident case are accident reconstruction experts and medical experts.

Accident reconstruction experts are able to recreate what happened and offer expert testimony about the likely causes and outcomes of the accident. Meanwhile, medical and rehabilitation experts are instrumental to establishing the extent of your injuries and likely treatment needs now and in the future.

Other experts may also be needed depending on the unique needs of your case.

How to Choose the Best Pedestrian Accident Lawyer

Hiring the right lawyer is just as important as the decision to hire a lawyer in the first place. Whoever you hire will be helping you through a difficult time and needs to be capable of fighting on your behalf. When deciding who to hire, keep these factors in mind.

Look for Relevant Experience

Personal injury lawyers handle a wide range of cases. To find the best lawyer for your case, look for a lawyer who regularly handles pedestrian accident cases. Ask how many pedestrians the lawyer has represented, and what types of injuries their clients suffered. Ideally, you will find a lawyer who has handled cases very similar to yours.

Evaluate Their Track Record

The outcome secured in another case cannot guarantee a result in yours, but it is helpful to find a lawyer who has had success with similar claims. Whether they won at trial or negotiated a high-value settlement, a successful lawyer will be able to give you a realistic estimate of your case’s worth based on firsthand experience.

Ask About Their Fees

Most personal injury lawyers take cases on a contingency basis. This means that you don’t have to pay anything unless the case is resolved in your favor. After a favorable resolution, a percentage of what you are awarded is paid to the lawyer.

Most lawyer contingency fees fall between 33% and 40%. You may also be responsible for some payments related to the case, such as court filing fees or investigation costs. Make sure you understand the fee structure and what you will be expected to pay before you agree to work with a lawyer. You should receive a written fee agreement that lays out what will be paid and how payments will be processed.

Discuss Their Communication Style

You could be working with your lawyer for months or even years. It is important to choose someone whose judgment you trust. Also make sure you are comfortable with their availability to answer questions or update you on your case. Some lawyers rely on support staff for a lot of communication, while others handle everything themselves. You need to work with a lawyer who will show care for you as well as your case.

Request Referrals

The clearest indicator of how a lawyer will treat you is how they’ve treated prior clients. Consider asking any lawyer you meet with to provide references. This will give you an honest reflection of what it is like to work with that lawyer. Many lawyers are also reviewed through online testimonial websites, or they may publish client comments on their website.

Damages in Pedestrian Accident Cases

In pedestrian accident cases, you can claim general (non-economic) and special (economic) damages. What’s the difference between general damages vs. special damages?

General damages cover non-financial losses, such as pain and suffering and loss of enjoyment of life. Special damages, however, cover economic losses you suffered, such as medical expenses and lost wages.

Determining Fault in Pedestrian Accident Cases

Whether or not you can recover damages after a pedestrian accident will depend on how a court assigns fault. Drivers have a duty to watch out for pedestrians, but they are not always held to blame for an accident. In fact, any of the following parties could be at fault for an accident:

• The driver of the vehicle
• Parties responsible for maintaining the accident location
• The pedestrian

The impact of fault differs depending on the laws of your state. In states that follow contributory negligence laws, any fault by the plaintiff can bar them from recovering damages. Under comparative negligence laws, a plaintiff can still recover if they are only partly to blame. The amount of recovery in a comparative negligence state is reduced by the percentage of the plaintiff’s fault.

Sorting through the legal standards that govern pedestrian accident cases can be complicated. Working with a qualified lawyer will help you determine who should be a lawsuit party, and how fault may be assigned in your case. Fill out the form on this page to review your case today.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur for a number of reasons. Distracted driving is one of these. A driver who isn’t paying attention can miss seeing a pedestrian and strike them with their vehicle, potentially causing serious injuries.

Another problem is intoxicated driving. Although the national blood alcohol level chart states that the legal limit is 0.08%, just one drink can impact reflexes and coordination, making it more difficult for drivers to react appropriately to a hazard.

Speeding vehicles are another serious issue. Going over the speed limit makes it difficult for a driver to stop in time to avoid a pedestrian. The injuries that occur in a speeding accident are also more serious because of the force exerted on impact.

Most Common Pedestrian Accident Injuries

Whenever a vehicle strikes a pedestrian, a variety of injuries could occur. These include:

• Fractures
• Internal damage
• Soft tissue injuries
• Disfigurement
• Punctured lungs
• Spinal cord injuries
• Traumatic brain injuries
• Psychological trauma

The severity of the injuries will depend on the speed at which the vehicle was traveling when it hit the person and where the injury occurred.

Proving Negligence in Pedestrian Accident Claims

To file a claim and get compensation, you’ll need to show that the driver was negligent. That means meeting a few key requirements. One of these is to demonstrate that the driver owed you a duty of care that they breached. All drivers have a responsibility to drive safely and lawfully, so if they break the law, then they breach their duty of care.

You must show that their breach led to your injuries and that you can be compensated for your losses. If you suffered any injury that required medical care, then you may have a right to file a claim.

What to Do After a Pedestrian Accident

The first thing you must do is call emergency services so that you can receive medical care. Do this even if you’re not sure you’re injured. It’s also important to call the police to ensure there’s a report you can rely on when you file a claim.

If there are witnesses, try to get their contact information. That will allow you to use their testimony later. Perhaps the most important step you can take, however, is to contact a pedestrian accident lawyer as soon as possible.