Pedestrian Accidents: When Can You File an Injury Claim?

March 17, 2023

Many pedestrians fall victim to road accidents. This is because they don’t have safety features to protect them from various road hazards.

Unfortunately, according to injury lawyers at, many pedestrians don’t know if they’re entitled to an injury claim after an accident. If that sounds like you, you must keep reading to see whether you’re eligible for such a claim.

What’s a Pedestrian Accident?

People often think of a pedestrian accident as a situation where an individual is hit by a car or motorcycle when crossing the road. While this is true and usually the most common case in this type of accident, it isn’t the only kind.

Besides being hit by a vehicle, a pedestrian can also be involved in an accident due to other factors, such as pavement obstructions, falling objects, or poor road maintenance.

If a third party caused the accident and you have sustained injuries, you’re entitled to an injury claim; a lawyer would probably be helpful here. While this won’t eliminate the stress and pain that this accident put you through, receiving fair compensation is an ideal way to get justice for what happened. Plus, it’ll cover every financial loss you’ve suffered from the accident.

When Can I Make a Pedestrian Accident Injury Claim?

To know if you’re entitled to a pedestrian accident claim, three criteria should be met.

If You Sustained an Injury in the Accident

Injuries sustained in a pedestrian accident vary. They can be as minor as bruises and cuts or more severe as broken bones and spinal and brain injuries. Others can suffer from emotional and psychological trauma due to the accident.

To be able to make a personal injury claim, you need to sustain an injury in the accident. If you were hit by a vehicle and not injured, you might not be able to make a claim against the perpetrator.

Similarly, if the accident was caused by other road factors like obstructions and pavements, or you only sustained a scratch that healed within a few days, you’re not entitled to a claim.

If you decide to pursue the case, you must do so without hiring an injury lawyer.

If the Accident Was Due to Somebody’s Negligence

Another factor you should consider is if somebody’s negligence caused the accident. It could be that the rider wasn’t paying attention while driving, or they ignored some road signs. In the case of poor road maintenance, the local authority would be the culprit.

In these cases, you’re entitled to an injury claim where you can receive compensation for financial losses and other damages.

On the other hand, if your negligence or disobedience caused the accident, you can’t blame any third party. In this case, you aren’t entitled to any compensation.

If the Accident Occurred Within a Specific Number of Years

For an adult, the statute of limitations for a pedestrian accident ranges from two to three years, depending on the state. You aren't entitled to it if you don’t file a claim within that time limit.

If the accident involves a child, the parent or guardian has to pursue the case. If they don’t, the child can make an injury claim once they’re an adult. And just like adults, they only have the stated number of years to do so after turning 18.

It’s always better to make an injury claim quickly. For one, it’ll ensure you get justice before the limit elapses. Besides, the sooner you file the claim, the easier it’ll be to gather enough evidence and witnesses to back your case.

Bottom Line

You’re entitled to an injury claim in a pedestrian accident if you meet the above-mentioned criteria. If you still have doubts about doing so, you can contact a legal adviser for further guidance.


I believe in making the impossible possible because there’s no fun in giving up. Travel, design, fashion and current trends in the field of industrial construction are topics that I enjoy writing about.

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