What You Need to Know a Pedestrian in an Accident with a Car or Truck
- Vrdolyak Law Group
- Aug 5
- 2 min read
Being hit by a vehicle as a pedestrian can be overwhelming. Many people aren’t sure what rights they have, how long they have to take action, or if their situation even qualifies for a case. Below, are some common questions pedestrians have when involved in accidents.
How long do I have to file a case after I am hit by a vehicle as a pedestrian?
There are a number of factors involved when determining the applicable timeline to file a
lawsuit, including identifying all of the correct parties to sue. If you are involved in an accident as a pedestrian, it's best to consult an attorney as soon as possible to ensure your lawsuit is filed timely and your rights are protected.
Do pedestrians have the right-of-way?
The short answer is sometimes, but not always. There are many factors to consider, such as, the location of the accident, the existence of a traffic control device, and the proximity to the crosswalk, to name a few.
Who has the right-of-way depends on the facts of each case. So, you should consult a skilled
attorney to help evaluate your situation.
Can I still have a case if I wasn't at a crosswalk?
Yes, you can, but it depends on the facts of your case. When crossing in areas other than marked or unmarked crosswalks at an intersection, the general rule is that pedestrians do not have the right-of-way.
The pedestrian involved in an accident when crossing in that circumstance is likely to have some fault. The question is how much. Simply because the pedestrian has some fault, does not mean that they don't have a case. So long as it's determined that the pedestrian is less at fault than the driver, they can still recover damages. So while there may be a risk that the total recovery will be reduced, it does not mean that there isn't a case for the pedestrian. It depends on the specific facts.
If you were hit by a car or truck as a pedestrian, you should consult an attorney immediately in order to determine your next steps. Call the Vrdolyak Law Group at 844-4-VLG-Law.
