Being hit by a vehicle as a pedestrian may trigger months or even years of medical treatment, lost income, and ongoing pain. In the chaos that follows, many victims are left wondering whether they have legal grounds to hold the driver accountable. In most situations, you can file a lawsuit against the person who ran you over, especially if their actions were careless, reckless, or unlawful.
But filing a successful claim requires clear evidence of negligence and the damages you’re seeking. A pedestrian accident lawyer will help strengthen your case and seek compensation that can reasonably reclaim your life.
Here’s what you need to know about suing someone so you can proceed with legal precision.
When Is a Driver Legally Liable for Hitting a Pedestrian?
A driver may be legally liable for running someone over if their conduct behind the wheel violated a duty of care owed to others on the road, including pedestrians. In legal terms, liability arises when the driver was negligent, meaning they failed to act with the level of caution that a reasonably prudent person would exercise under similar circumstances.
Some of the most common driver behaviors that lead to pedestrian liability include:
- Failing to yield at crosswalks: In most states, drivers are required to halt when they see pedestrians in marked and sometimes unmarked crosswalks. Ignoring this rule can lead to direct civil liability.
- Speeding or reckless driving: Excessive speed reduces reaction time and increases the severity of impact. A driver traveling too fast for the conditions may be held liable, even if the pedestrian was not in a crosswalk.
- Distracted driving: Using a phone, adjusting controls, or engaging in any activity that takes attention off the road can be used as strong evidence of negligence.
- Driving under the influence: Drug-impaired driving is one of the most straightforward grounds for establishing fault, often supporting claims for punitive damages as well.
- Disobeying traffic signals or signage: Running a red light and running over a pedestrian in the process is a textbook example of fault.
In each of these scenarios, the key question is whether the driver’s behavior was unreasonable and whether that behavior directly caused the pedestrian’s injuries. If the answer is yes, the driver can be held liable through an insurance claim or personal injury lawsuit.
How Do I Sue a Driver for Running Me Over?
If a driver hit you while you were walking, you may have grounds to sue them. However, bringing a suit against someone is possible only if you can prove they were legally at fault. In a personal injury claim, this usually means showing that the driver was negligent.
Negligence is the term used to denote carelessness that causes harm to someone else. But in everyday language, it simply means the driver didn’t act as safely as they should have. They may have ignored a red light, failed to check their blind spot, looked at their phone, or driven too fast for the conditions. These are breaches of the basic responsibility every driver has to avoid causing harm to others on the road.
To hold someone legally responsible for running you over, your claim must establish four things:
- The driver had an obligation to act with reasonable care. Every driver has a duty to adhere to traffic regulations and operate their vehicle in a manner that avoids hurting others.
- They failed to meet that duty: This could involve breaking a traffic rule, driving while distracted, or making a careless decision behind the wheel.
- Their actions caused the crash: You must link what the driver did (or failed to do) directly to the accident and your injuries.
- You suffered damages: This includes physical injuries, medical bills, lost income, pain, and other financial or personal harm resulting from the collision.
Importantly, proving negligence doesn’t require showing that the driver intended to hit you, only that they acted carelessly in a way that led to your injuries. That’s why evidence such as police reports, witness accounts, traffic camera footage, and expert analysis is key in establishing what went wrong and who was responsible.
Why Is Legal Counsel Important When Suing Someone?
Pursuing a personal injury claim after being struck by a vehicle is far more complex than filing a complaint and waiting for a settlement. Establishing liability, calculating damages, collecting admissible evidence, and meeting procedural deadlines all require legal precision, and any mistake can weaken or even invalidate a case. That’s where the role of legal counsel becomes indispensable.
A pedestrian accident attorney provides the investigative resources and legal insight necessary to identify all liable parties. Liability may extend beyond the driver to include employers, vehicle owners, or even local municipalities if poor road conditions contributed to the accident. Legal representation ensures that evidence is obtained before it disappears.
Legal counsel is especially important when you are deemed to share some of the blame. Insurance companies will seize on anything they can to increase your fault percentage and reduce your payout. The pedestrian accident attorney working on your case can challenge those arguments, present counter-evidence, and ensure the final fault allocation does not unfairly leave you without enough compensation.
In addition, a pedestrian accident lawyer can protect you from tactics used by insurers to reduce their obligations. Insurers may attempt to shift blame, downplay injuries, or pressure you into accepting a lowball settlement. With an lawyer handling negotiations, your claim is based on a complete understanding of both your legal rights and the long-term consequences of your injuries, ensuring that no damages are overlooked or undervalued.
Speak with a Personal Injury Attorney Immediately
If you are going to build a winning claim against another driver, you need to enlist the help of a legal advocate early on. A winning pedestrian accident lawsuit requires convincing evidence, a well-documented injury profile, and the legal leverage to pursue full compensation. Your pedestrian accident lawyer will evaluate your legal options and guide you forward. Contact a personal injury attorney serving Northern Virginia as soon as you are injured to begin building a compelling claim.