Being struck by a vehicle is every pedestrian’s worst nightmare.
One second you’re walking along minding your own business. The next second you’re rushed to the hospital and your life is turned upside down. Suddenly you’re faced with medical debt, injuries that may never fully heal, and scammers looking to take advantage of you while you’re down.
The only problem is…
If you don’t know WHEN to hire a lawyer after a pedestrian accident your settlement will suffer. Timing is everything when dealing with insurance companies and calculating the true value of your claim. Hiring a lawyer too soon could cost you money. Waiting too long could mean losing out on compensation altogether.
Here’s what you’ll learn:
- Why Pedestrian Accident Timing Is Important
- Signs You Need A Lawyer
- How Attorneys Increase Your Settlement
- Mistakes That Kill Your Claim
Why Pedestrian Accident Timing Is Important
Time is not your friend after an accident.
Witnesses lose memories. Evidence gets compromised. Insurance companies begin crafting their strategy to pay you as little as possible. The sooner you hire an attorney, the easier it will be to prove your claim.
Think about it…
Insurance adjusters want one thing and one thing only; to save their company money. They’ll contact you immediately after your crash and push you to accept a settlement. Problem is, they hope to settle quickly so you don’t have time to learn the true value of your accident claim.
According to the Governors Highway Safety Association, drivers killed 7,148 pedestrians across America in 2024. That is nearly 20% higher than just 8 years ago. Pedestrian accidents are an increasing issue that thousands are faced with each year.
A skilled pedestrian accident lawyer can get involved from the start and ensure evidence is preserved, communicate with insurance companies on your behalf, and begin building your pedestrian accident settlement case immediately.
Signs You Need A Lawyer
If you were struck by a car but have not suffered serious injuries and the insurance company is cooperative, you might be able to navigate the claims process yourself.
However, as soon as things are no longer cut and dry, you need to hire an attorney.
You Need a Lawyer If:
- You’re receiving treatment for your injuries
- Insurance company denied your claim or lowballs you
- There may be shared fault in the accident
- You suffered permanent scars or injuries
- It was a hit-and-run accident
Alright, let’s talk hit-and-runs for a minute.
Statistics show that one in four pedestrian deaths involves a driver fleeing the scene. A hit-and-run significantly complicates your case. You’ll need someone to locate the party at fault and deal with your uninsured motorist coverage.
What most people don’t know is that insurance companies have lawyers…
…and they’re trying to protect the insurance company’s best interest, not yours. You shouldn’t try to negotiate with insurance companies by yourself.
How Attorneys Increase Your Settlement
Pedestrian accident lawyers do more than send letters and fill out paperwork.
They scrutinize every detail of the crash. Collecting police reports, video surveillance, and eyewitness testimonies. Lawyers will sit down with you to determine special damages like medical costs and general damages like pain and suffering. Your attorney should calculate the maximum settlement value you can receive.
Below is a breakdown of how lawyers will settle your claim:
- Document all treatments and expenses
- Calculate lost wages/income
- Pain and suffering
- Negotiate with insurance companies
- File a lawsuit (if needed)
Pedestrian accident settlements can range anywhere from $10,000 to $500,000. They vary depending on the severity of your injuries. Crippling injuries such as paralysis or brain trauma can even push your settlement into the millions.
Here’s the thing…
Insurance companies bank on accident victims not knowing how to quantify their injuries. There are a lot of factors that go into maximizing your settlement, which is why you need a lawyer on your side.
How Long Does the Settlement Process Take?
Pedestrian accident cases can take as little as a few months to a few years to settle. Simple cases with legitimate injuries and readily available evidence might conclude sooner.
If liability is disputed, serious injuries are involved, or there are multiple negligent parties, your case could take years to settle.
Everything below can prolong the settlement timeline:
- Severity/injuries required for recovery
- Ambiguity on who caused the accident
- Insurance company delays
- Pending litigation
While it’s important to settle your claim as soon as possible, you don’t want to jump at the first offer either. Pedestrian accident victims should wait until they reach maximum medical improvement before settling with insurance companies.
Common Mistakes That Kill Your Claim
There are a few don’ts when involved in a pedestrian accident.
Below are the worst mistakes that people make when involved in a crash.
Don’t:
- Give a recorded statement to insurance adjusters
- Accept the first settlement offer
- Skip going to the doctor
- Post on social media
- Wait to file a claim
Let’s take a closer look at the last bullet point.
States have what is called a statute of limitations. This is the deadline you have to file a claim against a party. If you wait too long to file your claim, you’ll lose your right to collect damages.
Another huge mistake is not going to the doctor.
Some injuries take time to become evident. Head injuries, internal bleeding, and soft tissue damage are not always visible. It’s critical to receive medical attention as soon as possible to have a record of your injuries.
What To Expect From Your Attorney
You should always hire a pedestrian accident attorney that offers a FREE consultation to review the merits of your case.
A reputable pedestrian accident lawyer will guide you through every step of the legal process. While every case is different, you should expect your lawyer to:
- Communicate with insurance companies
- Gather evidence
- Work with medical professionals to prove injuries
- Calculate maximum settlement value
- Negotiate with insurance companies
- Go to court (if necessary)
Yet another thing to consider is your rapport with your attorney.
You should feel comfortable talking to your attorney. They should be responsive and transparent about your case. At the end of the day, you want an attorney that will actually fight for you!
When You DON’T Need a Lawyer
To be fair, if you were involved in a pedestrian accident and walked away with minor injuries, your medical bills are low, and you’ve received a reasonable settlement offer quickly, you may not need a lawyer.
As mentioned, once you’re faced with long-term injuries, uncooperative insurance companies, or you believe multiple parties were at fault, you should hire an attorney.
The Bottom Line
It takes seconds for a pedestrian accident to change your life.
Hiring a lawyer may be the last thing on your mind, but timing is critical when protecting your legal rights. You don’t want to wait too long and harm your claim.
Here’s a recap of what you should know:
- Timing is everything after a pedestrian accident
- Know when to hire a lawyer
- Understand how lawyers can maximize your settlement
- Don’t make costly mistakes that destroy your claim
- Learn what to expect from your lawyer
Pedestrian accidents are serious, and so should be your decision on whether or not you hire an attorney. Insurance companies have entire legal departments dedicated to protecting their interests. You deserve someone on your side that will level the playing field.
Consulting with an attorney won’t cost you anything. Chances are your lawyer will provide a free case consultation. Taking 10 minutes to speak with an attorney could be the difference between the compensation you deserve and what you actually settle for.