How to Maximize Your Pedestrian Accident Compensation
- Jul 11, 2025
- 4 min read
Among the first things they teach you at driving school is to slow down when coming up to a pedestrian crossing. Some of these crossings even have signs to remind motorists, if not traffic lights to control the flow of people and vehicles.
Despite these safety measures, the Governors Highway Safety Association logged 3,304 pedestrian deaths in the first half of 2024. While a bit lower than in 2023, this is over 1,000 more compared to a decade ago. In addition, there are several times as many wounded or injured, some of whom can never enjoy life the same way again. (1)
Safety may be everyone’s responsibility, but motorists are held to a higher standard due to speeding vehicles being fatal. Victims have the right to ask for as much recompense as the law allows. Here are ways to maximize settlement amounts for a pedestrian mishap.
Work With a Good Lawyer
In most states, you can file a claim or negotiate a settlement without a lawyer’s help. This has several advantages, such as saving on attorney’s fees and having greater control over your case. However, in cases involving compensation, the cons outweigh the pros.
Starting with the costs, an unsuccessful claim against another party can mean paying its legal costs. While the American Rule decrees that both parties shoulder their respective legal expenses, there are exceptions like: (2)
The judge ruled that the losing party didn’t take the hearing seriously
The losing party filed a pain and suffering claim under bad faith
The losing party continued pressing its case despite losing in appeals
A binding contract says the losing party must pay the attorney’s fees
If a claim goes to trial, know that the court won’t give even non-lawyers special treatment. Pro se or self-representation is treated the same as one with legal representation, and the judge won’t look too kindly at rookie mistakes. All this is on top of the victim’s injuries that are already bringing them emotional distress.
If the other party is an insurance company, it’s all the more reason to get a personal injury lawyer to achieve a favorable pedestrian hit by car settlement. One with insider experience in the insurance industry can give you the upper hand in settlement negotiations. Once you've undergone medical treatment and gathered evidence, talk to a lawyer immediately.
Understand the Cause
Proving fault in a pedestrian accident—or any personal injury incident, for that matter—all boils down to negligence. States have their own way of determining who’s more to blame, which also decides how much the damages will be. You may live in a state that uses one or two methods of determining negligence. (3)
Comparative negligence: The court can decrease the plaintiff’s award if they’re found that they’ve partly contributed to the accident. Some state laws set a limit, usually 50 or 51%, which disqualifies the plaintiff if their liability exceeds it.
Contributory negligence: This more rigorous system denies the plaintiff any award, even if they’re only 1% responsible for the accident. The good news is that only four states and Washington, D.C., adopt this system (as of this writing).
Pedestrian accidents are usually the result of several factors working together. The other party will no doubt look for evidence of the victim's negligence, so the latter needs to look for evidence of driver negligence. Knowing the root cause is essential for this.
Driver-related factors | Pedestrian-related factors |
Failure to follow traffic laws | Jaywalking (not using the crosswalk) |
Using phones while on the wheel | Not paying attention to traffic signals |
Driving under the influence (DUI) | Walking or crossing while intoxicated |
Reckless driving (e.g., speeding) | Failure to use the sidewalk |
Driving a non-roadworthy vehicle | Failure to follow traffic laws |
The local government can also be held accountae, as providing proper infrastructure like crosswalks and traffic signs is part of iob. Depending on the state law, government immunity may not extend to cases involving pedestrian accidents. However, lawyers say this doesn’t occur as often, as proving negligence on the authorities’ part can be tricky.
Following traffic rules while walking can help your case, as it can reduce your contribution to the accident. You can visit the National Highway Traffic Safety's website for pedestrian safety tips and more.
Avoid Admitting Fault
A pedestrian accident isn’t the same as, say, stepping on one’s foot by accident. Unlike the latter, which can be resolved by apologizing, a motorist can’t weasel their way out of a road mishap by saying sorry. Getting run over by a speeding vehicle hurts a lot more than getting one’s foot stepped on.
The same applies to the victim, though in a different context. Apologizing to the motorist is basically admitting fault, which lawyers strongly advise against. The defense's legal team won’t hesitate to use that against the victim, undermining the latter’s personal injury claim.
Lawyers also advise against posting comments and images of the pedestrian accident on social media. Any statement made on a public forum can be used against the victim, even when the language used doesn’t seem to suggest fault. As for setting the posts to private, the victim can be forced to make them public through a court order.
Long story short, avoid saying sorry to the motorist and posting on social media. If you’re not sure whether to tell family and friends about the event, talk to your pedestrian accident attorney first.
Conclusion
Whether resulting in injury or wrongful death, pedestrian accident victims are entitled to as much compensation as possible. All they need to do is gather witness statements and other information, keep quiet while the case is ongoing, and hire an experienced lawyer.
References
2. "American Rule"
