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Pedestrian Accident Lawyer Resources

8 articles from our library

Pedestrians have almost no margin for error when something goes wrong on the road. A crash that would be a fender-bender between two vehicles becomes a life-altering trauma when the pedestrian's only protection is skin and bone. That fundamental asymmetry shapes the way pedestrian cases are evaluated, the types of injuries they produce, and the way juries react to them. It also makes insurance coverage the single most important question in the case.

Liability in pedestrian cases is often cleaner than drivers expect. Most states give pedestrians in marked crosswalks, at controlled intersections, and on sidewalks significant right of way, and drivers are required to exercise extra care when approaching people on foot. But defense lawyers still routinely argue comparative fault, pointing to whether the pedestrian was in a crosswalk, wearing dark clothing, or crossing against a signal. Under most state comparative-fault rules, those arguments reduce recovery rather than eliminate it, but they can materially affect the dollar value.

The harder problem is often coverage. State minimum auto liability limits are low, and a seriously injured pedestrian can easily run through them in the first week of hospitalization. That is why uninsured and underinsured motorist coverage, including coverage on the pedestrian's own household auto policy, becomes critical. And in hit-and-run cases, UM coverage is often the only meaningful source of payment. George Goldberg has handled pedestrian cases for more than 32 years and knows where the coverage usually hides.

The resources below cover how pedestrian cases are built, how right-of-way rules work, how UM coverage applies, and what to do after a hit-and-run. The FAQ addresses the questions we hear most often.

If you or a loved one was hit while walking, call us as soon as possible. Consultations are free. 1-888-352-9243

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Frequently Asked Questions

Does the pedestrian always have the right of way?
Not always, but often. In most states, pedestrians in marked crosswalks and at intersections have the right of way and drivers must yield. Outside of crosswalks, the rules shift, and pedestrians are generally required to yield to traffic. Even then, drivers are required to exercise reasonable care to avoid hitting people on the road.
What if the driver says I stepped out in front of them?
That is the most common defense in pedestrian cases and usually does not end a claim. Under comparative fault rules in most states, your recovery is reduced by your percentage of fault rather than eliminated. Witness statements, surveillance footage, and accident reconstruction often contradict the driver's version of events.
The driver fled the scene. What now?
Hit-and-run cases are often paid through uninsured motorist coverage on your own auto policy, if you have one, or sometimes through a household member's policy. Report the incident to police immediately and preserve any witnesses, video, or physical evidence. We routinely build cases where the driver is never found.
The driver only had the minimum insurance. Is there any other coverage?
Possibly. Underinsured motorist coverage on your own policy, coverage on resident relatives' policies, umbrella policies, and in some cases employer or commercial policies may apply. We do a complete coverage search in every serious pedestrian case.
How long do I have to file a pedestrian accident claim?
The same personal injury statute of limitations that applies to car accident claims in your state. Deadlines are state-specific and missing them typically ends the case. Call us to confirm the exact deadline that applies to your claim.
Do I have a case if I was jaywalking?
Often yes. Jaywalking is usually a comparative fault issue, not an automatic bar to recovery. Drivers are still required to exercise reasonable care and avoid striking pedestrians who are visible in the road. A skilled attorney can explain how the specific facts cut.

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George Goldberg and the Goldberg & Loren team have spent 32+ years and handled over 20,000 injury cases. Free consultation. You pay nothing unless we win.

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