Pedestrian Accident Attorney

Our Team Has Partnerships With Trusted Pedestrian Accident Lawyers Nationwide

The Goldwater Law Firm has strategic partnerships with law firms nationwide, allowing us to help accident victims in all 50 states. We are an award-winning firm and work with other large, successful practices as our co-counsel. 

We believe in getting results for victims because we know how important it is for them, their healing, and their future financial stability. We know you have a family and community that rely on you, and we want you to be able to provide for them. We will not stand for you and your family losing money while the party that caused your injuries walks away without paying for their actions.

Being scared, angry, and frustrated is normal during this time. We will work with our law firm partners near you to ensure you get the representation and advocacy you need. All our co-counsels work on a contingency fee basis. You will only pay for their services after they close the case and recover compensation for you. 

Our Co-Counsel Pedestrian Accident Lawyers Can Determine the Cause of the Collision

According to the National Highway Traffic Safety Administration (NHTSA), 7,388 people passed away in pedestrian accidents nationwide in 2021. At The Goldwater Law Firm, we help these families get justice. We work with law firm partners across the country who represent these families as well as individuals who suffer injuries in these accidents. 

Our co-counsels know how to investigate these accidents and determine what happened. Most commonly, a careless or reckless driver is at fault. They cause these crashes when they: 

• Fail to yield at crosswalks
• Speed in residential or school zones
• Run red lights or stop signs
• Drive distracted 
• Drive under the influence of alcohol or drugs
• Make illegal or unsafe turns
• Back up without checking for pedestrians
• Ignore traffic signals or pedestrian right-of-way
• Drive too fast for weather or visibility conditions
• Pass vehicles stopped for pedestrians
• Drive carelessly in parking lots or driveways
• Pass a pedestrian walking along the road without leaving enough space

The National Safety Council (NSC) breaks down the statistics about when and where these accidents occurred, with most occurring in urban areas, away from intersections, and in the dark. However, car versus pedestrian collisions can occur anywhere. The most common are in areas where there is high pedestrian traffic, such as: 

• Crosswalks
• Parking lots
• Driveways
• Residential streets
• Busy urban areas or downtown districts
• School zones
• School bus or public bus stops
• Roadways with no sidewalks
• Shopping centers or malls
• Poorly lit areas
• Construction zones

A Pedestrian Accident Lawyer Identifies All Liable Parties in Your Case

In most cases, a driver who causes a pedestrian accident is liable for the injuries and damages that occur. However, the specific details of how this works and what damages the victim can recover will depend on the applicable state laws. 

Generally, a driver is liable when they cause an accident by being negligent, acting recklessly, or violating traffic laws. In states where motorists carry auto liability insurance coverage, their insurance carrier should cover damages up to the policy limits. Our co-counsels will file claims with the insurance company or sue the at-fault driver when necessary. 

However, each state has unique laws that affect liability, the claims process, and how you will recover compensation. This could include: 

• Shared Fault: States differ in how they handle shared fault. Some states follow contributory negligence laws. In these states, the injured pedestrian might lose their right to hold the at-fault driver accountable if they share any fault in the accident. In comparative negligence states, a pedestrian who shares fault may be able to recover damages, but the money is reduced by the percentage of fault assigned to them.
• Pedestrian Right-of-Way: Each state has laws about when a pedestrian has the right-of-way. Many states have laws that protect pedestrians from other road users, including motorists, because of their high risk of serious injuries in a collision. In some states, failure to yield to a pedestrian in any crosswalk, regardless of markings, could leave a driver at fault. 
• Insurance Requirements: All states require motorists to carry insurance, but this does not always include auto liability insurance. Some states have no-fault requirements, and drivers carry Personal Injury Protection (PIP) policies instead. Whether these policies will cover an injured pedestrian and what other options they have in these states will differ. 
• Statutes of Limitations: Each state sets a deadline for how long injured individuals can wait to sue the liable party. Most states set a two-to-three-year period. However, some states offer one year, four years, five years, or longer. 

When you work with a co-counsel from one of our law firm partners near you, they will be familiar with the specific laws in your state and how the state’s laws could affect your case. 

Pedestrians Hit by Cars Often Suffer Significant Injuries and Damages

According to the Centers for Disease Control and Prevention (CDC), around 140,000 injured pedestrians required emergency department treatment for non-fatal injuries in 2022. Many of these are serious or catastrophic injuries that require treatment at a high-level trauma facility. 

The American Trauma Society (ATS) explains trauma levels and the resources necessary to be verified and designated as a Level I facility. There are hundreds of Level I trauma centers in the United States. 

The cost of this type of treatment and care can quickly grow to overwhelming levels. Medical care costs are just one loss a victim can pursue through an insurance claim or lawsuit. Many commonly recovered damages include: 

• Medical expenses, past and future
• Lost income from time off work
• Reduced earning capacity for lasting disabilities
• Property damage repair or replacement
• Pain and suffering
• Loss of quality of life
• Permanent disability or disfigurement
• Emotional distress, anxiety, depression, and trauma

Wrongful Death Damages

When a victim passes away from their injuries, their loved ones may be able to recover fair compensation based on their state’s applicable laws. Wrongful death damages could include: 

• Funeral and burial expenses
• Lost income and financial support 
• Loss of companionship and emotional support
• Pain and suffering of the decedent before death (in some states)

What Steps Will a Pedestrian Accident Attorney Take to Develop a Successful Case?

Some of the steps an attorney from one of our law firm partners could take to prove fault and liability in your pedestrian accident case could include: 

• Investigating the accident scene to analyze it and conduct a survey
• Obtaining police reports and proof of any citations issued to the driver
• Collecting statements from other pedestrians, bystanders, or other drivers who witnessed the accident
• Requesting and reviewing relevant medical records
• Consulting accident reconstruction experts who can determine how the accident occurred
• Looking for video evidence from nearby cameras, traffic lights, or other vehicles
• Determining if the driver was distracted, impaired, or violated any traffic laws 
• Establishing pedestrian right-of-way
• Consulting with experts to explain the injuries, prognosis, and future care costs

The goal of an attorney’s investigation into a pedestrian accident is to establish that the driver was at fault and ensure that they are pursuing appropriate compensation for their client. When they work for you, they will investigate what happened, gather evidence, and present a well-organized and compelling argument to the insurance carrier for a fair payout. 

If a settlement is not possible, your attorney will file a lawsuit and use the gathered evidence to build a case that convinces the jury you deserve fair compensation. Most of these cases settle outside of court. However, some cases go to trial. This is most common when the driver or their insurer disputes fault and liability, or the damages exceed the insurance coverage available.