Pedestrian Accident Guide: What You Need to Know [2026]

Pedestrian Accident Guide: What You Need to Know [2026]

Pedestrian accidents can cause serious injuries or worse, especially in busy cities like Orlando. Knowing what to do after a pedestrian accident is vital for protecting your rights and obtaining compensation. Updated for 2026, this guide explains the meaning of pedestrian accident, common causes, legal options, and important steps survivors should take after a collision. Whether you were hit by a car or witnessed an accident, learn key facts about pedestrian accident laws in North Carolina and Florida. Vasquez Law Firm offers compassionate and aggressive legal support to help you navigate this challenging situation. Read on for expert advice, checklists, timelines, and answers to frequently asked questions about pedestrian accidents.

Understanding Pedestrian Accidents

Pedestrian accidents are any incidents where a person walking is struck by a motor vehicle or other transport means. These accidents often involve cars, trucks, or motorcycles hitting pedestrians on streets, intersections, or sidewalks. The consequences can range from minor scrapes to traumatic brain injuries or death. The meaning of pedestrian accident extends beyond the moment of impact; it includes legal and medical repercussions survivors and families face.

Common Types of Pedestrian Accidents

There are three main types of pedestrian accidents:

• Intersection Collisions: Where cars fail to yield or run red lights while pedestrians cross legally.
• Hit-and-Run Incidents: Drivers flee the scene after striking a pedestrian, complicating legal processes.
• Distracted Driving or Walking: Accidents caused when drivers or pedestrians are inattentive, for example texting or ignoring signals.

Causes and Contributing Factors

Many pedestrian accidents happen due to speeding, impaired driving, poor visibility, or jaywalking. Often, factors like inadequate crosswalks and urban design issues also contribute. Recent studies show distracted driving remains a leading cause in both Florida and North Carolina. Understanding these causes helps survivors identify negligence in their claims.

Legal Considerations for Survivors

Each pedestrian accident is unique, with liability depending on fault, adherence to traffic laws, and state statutes. Many states, including North Carolina and Florida, follow comparative negligence rules, meaning fault can be shared. For example, a pedestrian crossing illegally might reduce compensation but not eliminate the driver's liability. Legal advice is critical to assess these nuances.

Step-by-step: What to Do After a Pedestrian Accident

1. Ensure Safety and Call Emergency Services: Check for injuries, call 911, and assist the injured if safe.
2. Stay at the Scene: Do not leave until authorities arrive, unless medical help is urgent.
3. Gather Evidence: Take photos of the scene, vehicle damage, injuries, and get witness contact information.
4. Seek Medical Treatment: Get examined promptly, even if injuries appear minor, as symptoms can worsen.
5. Report the Accident to Police: Obtain a copy or report number for insurance and legal use.
6. Contact a Personal Injury Attorney: An experienced lawyer protects your rights and guides you through claims.

What to Expect When Filing a Claim

Your lawyer will investigate liability, negotiate with insurers, and help file a personal injury lawsuit if needed. They’ll review medical records, police reports, and witness statements to build a strong case for compensation.

Documents and Evidence Checklist

• Photographs of the accident scene from multiple angles
• Photos showing injuries and property damage
• Police accident report and case number
• Medical records and bills related to treatment
• Witness names and contact information
• Vehicle insurance information from the driver
• Personal notes detailing accident circumstances and symptoms
• Any surveillance or dashcam footage available

Timeline: What to Expect in Your Claim

• Week 1-2: Emergency treatment, police report filed, contact an attorney.
• Month 1-3: Evidence collected, medical evaluations continue, insurance claims filed.
• Month 4-6: Settlement negotiations start, possible independent medical exams.
• Month 6-12: If no settlement, filing a lawsuit and pre-trial discovery process.
• Beyond 1 year: Trial or continued negotiation until resolution is reached.

Costs and Fees: What Impacts Your Case

• Medical expenses including emergency, hospital, rehabilitation
• Lost wages and future earning capacity
• Severity and permanency of injuries
• Insurance policy limits and liability disputes
• Legal fees, often contingent upon recovery
• Possible punitive damages depending on driver conduct

Common Mistakes and How to Avoid Them

• Failing to Seek Medical Care: Always get checked by a doctor promptly, even if you feel okay.
• Not Reporting the Accident: Not filing a police report may hurt your claim.
• Admitting Fault at the Scene: Avoid making statements that could be interpreted as accepting blame.
• Delaying Legal Help: Early legal consultation is key to preserving evidence.
• Ignoring Witnesses: Collect witness info to support your case.
• Underestimating Insurance Companies: They may try to settle quickly for less than you deserve.
• Posting on Social Media: Limit what you share to avoid damaging your case.

If you only remember one thing: Always prioritize your safety, document everything, and seek professional legal advice as soon as possible.

Jurisdiction Notes: North Carolina, Florida, and Nationwide

North Carolina Notes

In North Carolina, pedestrian accident claims must comply with a three-year statute of limitations for personal injury. The state uses a contributory negligence standard, which can bar recovery if the pedestrian is even slightly at fault. This strict rule makes it essential to work with an attorney experienced in NC pedestrian accident law. The North Carolina Courts and NCDOT provide resources and guidance on pedestrian safety and legal standards.