Highways are designed for high-speed vehicle travel, not pedestrian foot traffic. Yet, every year, thousands of pedestrians are struck and seriously injured or killed while walking along or attempting to cross highways. These tragic incidents often raise complex legal questions about liability, compensation, and pedestrian rights. If you or a loved one has been involved in a highway pedestrian accident, understanding your legal options is crucial.
At Local Accident Reports, our nationwide car accident lawyers have helped victims and their families across the U.S. pursue justice and financial recovery after devastating pedestrian crashes. Below, we outline what you need to know about these types of accidents and the steps to take to protect your rights.
Highway pedestrian accidents are among the most catastrophic collisions due to speed and visibility factors. Vehicles often travel at 55 mph or faster, giving drivers little time to react if a pedestrian is suddenly in their path. In most cases, the force of impact results in serious injuries or fatalities.
Pedestrians may be on highways for several reasons, like emergencies such as vehicle breakdowns, attempting to cross a highway on foot due to a lack of overpasses or sidewalks, homelessness, or mental health-related wandering, or walking near freeway entrances or exits while lost or disoriented
Despite warnings and signs posted on highways, these scenarios occur more often than people realize, and the legal consequences can be complicated.
Legal Rights of Pedestrians Injured on Highways
While highways are generally off-limits to pedestrians, this does not mean that injured individuals automatically lose their right to pursue a legal claim. Drivers have a responsibility to stay alert, avoid distracted or impaired driving, and respond reasonably to unexpected situations, even on a highway.
A nationwide car accident lawyer can help determine whether the driver who hit the pedestrian was:
- Speeding or driving aggressively
- Under the influence of alcohol or drugs
- Distracted by a phone or other device
- Failing to use headlights or maintain safe control of the vehicle
If any of these factors contributed to the collision, the pedestrian (or their family in fatal cases) may have grounds to file a personal injury or wrongful death claim, even if the pedestrian was not supposed to be on the highway.
Shared Fault and Comparative Negligence
In many states, liability is governed by comparative negligence laws, which allow an injured party to recover compensation even if they were partially at fault for the accident. For example, if a pedestrian was crossing the highway unlawfully but the driver was speeding or texting at the time of the crash, both parties may share responsibility.
Depending on the state, the pedestrian’s compensation may be reduced by their percentage of fault, or, under modified comparative fault rules, they may be barred from recovery if they are found more than 50% at fault.
A skilled nationwide car accident lawyer can analyze your state’s laws and investigate the facts to build a case that supports your right to compensation.
Steps to Take After a Highway Pedestrian Accident
If you or a loved one has been struck on or near a highway, the moments after the crash can be chaotic and frightening. However, taking the right steps early on can protect your legal rights and strengthen any future claim.
If you can do so, take the following steps:
- Call 911 immediately: Emergency responders will provide medical care and create an official accident report.
- Get Medical Treatment: Even if injuries seem minor, internal trauma is common in high-speed accidents. Always seek medical attention right away.
- Document the Scene: If possible, take photos or videos of the crash site, road signs, lighting conditions, and vehicle damage.
- Get Contact Information: Collect names and contact details from the driver, witnesses, and first responders.
- Speak with a Lawyer: Consult a nationwide car accident lawyer as soon as possible to preserve evidence and begin building your case.
Due to the nature of highway collisions, injuries are often severe and life-altering. Victims may suffer traumatic brain injuries, spinal cord damage or paralysis, multiple fractures, or crushed limbs, severe internal bleeding or organ damage, and permanent disfigurement or disability
These injuries often require extensive medical care and long-term rehabilitation, and may prevent the victim from returning to work. A legal claim can help cover these costs, as well as pain and suffering, and emotional trauma.
Wrongful Death Claims After Fatal Pedestrian Accidents
Unfortunately, many highway pedestrian accidents are fatal. If your loved one was killed while walking on or near a highway, you may be entitled to file a wrongful death lawsuit. Eligible parties often include spouses, children, or parents of the deceased.
Damages in a wrongful death claim may include funeral and burial expenses, loss of income and future financial support, loss of companionship and guidance, and emotional suffering of surviving family members. A nationwide car accident lawyer can provide compassionate support while helping your family hold the responsible party accountable.
While drivers are often the primary defendants in pedestrian accident cases, other parties may also share liability in certain situations. For example:
- Government agencies may be liable for poorly designed highways, inadequate signage, or a lack of pedestrian barriers
- Automakers may be at fault if a vehicle defect contributed to the crash
- Trucking companies may be liable for accidents involving commercial vehicles or fatigued drivers
An experienced attorney can investigate every angle of the accident to identify all potential sources of compensation.
Every highway pedestrian accident is different, and many involve challenging questions about fault, insurance, and long-term consequences. Working with a knowledgeable nationwide car accident lawyer can make all the difference.
Your attorney can conduct a thorough investigation, work with accident reconstruction experts, deal with insurance companies on your behalf, maximize the compensation you are entitled to, and take your case to court if a fair settlement cannot be reached
At Local Accident Reports, we connect accident victims across the U.S. with experienced, compassionate legal professionals who understand the high stakes involved in these tragic cases.
Contact Local Accident Reports Today
Highway pedestrian accidents are traumatic and often devastating, but you don’t have to face the aftermath alone. Whether you’re seeking justice for yourself or a lost loved one, our team is here to help. Let us connect you with a trusted nationwide car accident lawyer who will fight to protect your rights and your future.
Call Local Accident Reports now at (888) 657-1460 for a free, no-obligation consultation. Help is just a phone call away.
