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Common Myths About Pedestrian Accident Claims

pedestrian accident lawyer

When someone gets hurt in a pedestrian accident, the aftermath can be overwhelming. Medical bills pile up, insurance companies call, and suddenly you are left wondering whether you even have a case. There is a lot of misinformation out there about how these claims work, and believing the wrong things can cost you.

Our friends at Azari Law, LLC discuss these misconceptions regularly with clients who come in unsure of their rights. A pedestrian accident lawyer can help you understand what the law actually says and how it applies to your specific situation.

You Were Partly at Fault, So You Have No Case

This is one of the most common things we hear. Many people assume that if they were jaywalking, crossing against a signal, or not in a designated crosswalk, they cannot recover anything. That is not necessarily true.

Most states follow some version of comparative negligence. This means that even if you share some responsibility for the accident, you may still be able to recover damages. Your compensation would be reduced by your percentage of fault, but you are not automatically barred from recovering.

Do not assume the worst before speaking with an attorney.

The Driver's Insurance Will Pay What You Need

Insurance companies are businesses. Their goal is to minimize payouts, not to make sure you are fully compensated. A low early settlement offer may not cover your long-term medical treatment, lost income, or other lasting effects of your injuries.

Before accepting anything, it is worth understanding the full picture of your damages. That includes:

  • Current and future medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Any permanent disability or impairment

Signing a release too early can waive your right to seek additional compensation later.

Pedestrian Accidents Are Simple Cases

Some people think that because a car hit a person on foot, liability is obvious. In practice, these cases can involve multiple parties, conflicting witness accounts, surveillance footage disputes, and questions about road design or signage.

There may also be issues around whether the driver was working at the time of the crash, which could bring an employer into the picture. Or the accident might involve a government entity responsible for maintaining safe road conditions. These layers make pedestrian accident claims more involved than they might initially appear.

You Have Plenty of Time to File

Statutes of limitations vary by state, but waiting too long to take action can permanently affect your ability to bring a claim. Evidence disappears. Witnesses become harder to track down. Insurance companies note delays and use them against claimants.

According to the National Highway Traffic Safety Administration, thousands of pedestrians are killed and many more injured in traffic crashes each year. These are serious cases that deserve prompt attention.

If You Were Not in a Crosswalk, You Have No Rights

Pedestrians do not forfeit all legal protections simply because they crossed mid-block. Drivers have a general duty to exercise reasonable care, regardless of where a pedestrian is located. Whether being outside of a crosswalk affects your case depends heavily on the circumstances and applicable state law.

What You Should Actually Do After a Pedestrian Crash

The steps you take in the days after the accident matter. If you have not already, try to:

  • Seek medical attention, even if you feel fine
  • Document the scene with photos and video if possible
  • Gather contact information from any witnesses
  • Avoid giving recorded statements to the other driver's insurance company without guidance

Getting the Right Help

Pedestrian accident cases involve real legal questions that deserve real answers. If you or someone you love was seriously injured while on foot, our team is ready to review what happened and help you understand your options. Reach out to us today to take the first step toward protecting your rights.

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Abigail Arnett profile picture
Abigail Arnett
33 days ago
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I first reached out 2 months after a car accident where the other party involved did not have insurance. She presented expired insurance to which the police department did nothing about. I was not in the wrong, and I was taken by ambulance after due to injury. I was worried due to the other party not having insurance, and medical bills hitting an all time high. I reached out to Jack and was immediately welcomed and felt like I was being taken care of from the start. I stated my concerns and we reached a conclusion which then started my case. I was spoken to clearly and felt genuinely cared for. Despite all the other lawyers reaching out to me after my accident, I chose to go with Cowan and Hilgeman due to the firms sincerity as well as being taken care of from the very beginning. I am very thankful to everyone I worked/talked with over the past year, and I am grateful we were able to sort everything out. I cannot begin to thank Jack for taking care of me and checking in throughout the case.
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Alisa and William Hurtle
47 days ago
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Jack Hilgeman and the team at Cowan & Hilgeman were great to work with after my car accident. Jack jumped on my case last minute, right when I was up against a deadline and had just gotten a pretty disappointing offer from the insurance company. From there he walked me through everything — the paperwork, negotiations, mediation, all the way to getting it settled — and always kept me in the loop on what was going on. When the insurance company tried to lowball part of my claim, Jack pushed back and fought to get me a fair result. Dawn was also great to work with — she called regularly to keep me updated and on track, and she was really the face of the firm for me throughout the process. Everyone there was quick to respond and patient with all my questions. Really happy with how everything turned out — highly recommend Jack and his team.
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Jennifer Born Rachek
186 days ago
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I reached out with some concerns about potential snow and ice injuries on our business property, and I’m so glad I did. My questions were answered clearly and thoroughly, which really put my mind at ease. I also appreciated how welcoming they were to any follow-up questions—it never felt like I was being a bother. I wouldn’t hesitate to reach out again for professional guidance in the future.
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Angie Seraphinoff
189 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Jack Hilgeman was knowledgeable, responsive, and easy to communicate with throughout the process. He clearly cares about his clients and took the time to thoroughly answer all of my questions. I would highly recommend working with him!
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Barbara Garcia
190 days ago
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Great communication and explanation to my questions. Appreciate the details and hearing directly from Mr.Hilgerman on the voice memo. Thank you!
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Jess R profile picture
Jess R
193 days ago
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Great advice, very helpful in all of my needs! Highly recommend!
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lynn berry
194 days ago
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Very satisfied and they worked hard for me and did an exercise job!
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McCall Gorbach Foster profile picture
McCall Gorbach Foster
195 days ago
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Mr. Hilgeman provides clear and thoughtful insight, delivered with professionalism and warmth.
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Robert Apfelbeck
196 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great lawyer response time very fast and very good at what he does jack hilgeman will be my next lawyer if i ever need another one thank you to cowen &hilgeman
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B Lott
196 days ago
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I was looking for a lawyer and after so very rude and robotic law firms, I spoke with Jack about my case. He was very professional and personable and actually cared about my situation. I highly recommend his firm!
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