Being hit by a vehicle is a terrifying and life-altering experience for any pedestrian. Unlike drivers, pedestrians have no physical protection in collisions, which often results in severe injuries such as broken bones, spinal cord damage, traumatic brain injuries, and emotional trauma. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are killed or seriously injured in the U.S. each year due to negligent drivers.
If you’re a pedestrian who has been hit by a car, you may be wondering about your legal rights, how to pay for medical bills, and what steps to take next. This blog will walk you through everything you need to know about your rights as a pedestrian after an accident and how to ensure you receive the compensation you deserve.
Why Knowing Your Rights as a Pedestrian Matters
Many pedestrians assume they have no legal recourse after an accident, especially if they weren’t in a crosswalk. However, traffic laws protect pedestrians in various situations, and drivers are often found at fault even if the pedestrian made a mistake. Understanding your rights helps you:
- Hold negligent drivers accountable
- Secure fair compensation for injuries
- Avoid being unfairly blamed for the accident
- Navigate insurance claims and legal processes confidently
Now, let’s break down your rights and the steps to take after a pedestrian accident.
Understanding Pedestrian Rights in an Accident
Pedestrians are given special protections under the law because of their vulnerability on the road. Whether you’re walking in a crosswalk, along the shoulder, or even in a parking lot, drivers are expected to operate their vehicles with care and remain vigilant for pedestrians.
1. The Right to Medical Care—Now and Later
After being hit by a car, you have the absolute right to seek medical attention immediately, even if you believe your injuries are minor. Many injuries, including internal trauma or concussions, may not appear right away but can become life-threatening if left untreated. Early medical intervention is critical for your health and for protecting your legal claim.
Your right to medical care also includes:
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Follow-up doctor visits
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Diagnostic imaging (MRIs, X-rays, CT scans)
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Physical therapy and rehabilitation
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Mental health treatment for anxiety, PTSD, or emotional trauma
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Future medical care if long-term treatment is needed
All of these medical expenses should be covered by the driver’s insurance if the driver was at fault.
2. The Right to File a Personal Injury Claim for Compensation
As an injured pedestrian, you have the right to pursue a personal injury claim against the at-fault driver. This claim helps you recover both economic and non-economic damages. Here’s what that typically includes:
Economic Damages
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Hospital bills
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Surgery costs
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Prescription medications
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Lost wages from missed work
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Future loss of earning capacity if you’re unable to return to your previous job
Non-Economic Damages
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Pain and suffering
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Emotional distress
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Loss of quality of life
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Permanent disfigurement or disability
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Loss of companionship or consortium in severe cases
The value of your claim will depend on the severity of your injuries, the circumstances of the accident, and how the incident has affected your life. An experienced personal injury lawyer can help you calculate the true value of your case so you don’t settle for less than you deserve.
3. The Right to Hold the Driver Accountable for Negligence
If the driver acted negligently, you have the right to pursue justice through the legal system. Negligence is when a driver fails to act with reasonable care, putting others at risk. Some examples of negligent driving include:
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Texting or using a smartphone while driving
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Speeding through intersections
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Running red lights or stop signs
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Driving under the influence of alcohol or drugs
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Failing to yield at marked or unmarked crosswalks
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Ignoring school zone or pedestrian zone warnings
In legal terms, you must prove that the driver breached their duty of care, directly causing your injuries. A personal injury attorney can gather the necessary evidence—like accident reports, witness statements, surveillance footage, and medical records—to build a strong case on your behalf.
4. The Right to Compensation Even If You Were Partially at Fault
Many accident victims worry they can’t file a claim because they may have been partially at fault. For example, you might have crossed outside of a crosswalk, looked at your phone while walking, or jaywalked. However, in most states—including Georgia—the law uses a modified comparative fault rule.
This rule means:
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You can still recover compensation as long as you were less than 50% at fault for the accident.
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Your compensation will be reduced by your percentage of fault.
For example, if you were awarded $100,000 but found 20% at fault, your total payout would be reduced to $80,000. Even if you made a mistake, you still have the right to hold the driver accountable for their role in the crash.
5. The Right to Take Legal Action If the Insurance Company Refuses to Pay
Insurance companies are known for minimizing claims or trying to shift blame onto pedestrians. If the at-fault driver’s insurance company refuses to offer a fair settlement, you have the right to:
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File a personal injury lawsuit
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Take the case to court if necessary
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Present your case before a judge and jury
Filing a lawsuit may lead to a better financial outcome, especially in cases where insurance limits are low or the insurer is acting in bad faith. It’s important to act quickly because the statute of limitations in Georgia is two years from the date of the accident. Missing this deadline could prevent you from ever pursuing compensation.
What to Do After a Pedestrian Accident
Taking the right steps after an accident can protect your health and strengthen your legal case. Here’s what you should do:
1. Call 911 – Get immediate medical help and ensure the police create an official report.
2. Collect Evidence – Take photos of the scene, your injuries, and the vehicle involved.
3. Get Witness Information – Eyewitness statements can support your claim.
4. Document Your Injuries – Keep records of doctor visits, medical bills, and treatment plans.
5. Do Not Admit Fault – Avoid making statements that could be used against you.
6. Consult an Attorney – Speak to a personal injury lawyer before talking to insurance adjusters.
Conclusion
Pedestrian accidents can change your life in an instant, leaving you with physical, emotional, and financial burdens. Fortunately, the law provides clear rights for pedestrians to seek justice and compensation. From your right to medical treatment and fair compensation to holding negligent drivers accountable, knowing your rights is the first step toward recovery.
If you or a loved one has been injured in a pedestrian accident, Adkins Legal is here to help you every step of the way. Our team is experienced in handling personal injury cases and will fight for the compensation you deserve. To discuss your case, Call us at 404-487-8529. We are committed to standing by your side and helping you get back on your feet.
