
Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
A pedestrian accident lawsuit may be filed when a driver, company, public entity, or other liable party causes a person walking near traffic to suffer serious injury or death.
These claims often turn on evidence involving speed, visibility, traffic signals, crosswalk use, roadway design, driver distraction, medical treatment, and available insurance coverage.
TorHoerman Law can review the crash facts, identify responsible parties, and determine whether the evidence supports a pedestrian accident claim.

Auto accidents involving pedestrians often turn on visibility, speed, right-of-way, traffic signals, and whether the driver had enough time to stop.
A pedestrian generally has the right of way in a marked crosswalk without traffic signals, but pedestrians must also yield to traffic where there is no crosswalk or where a signal prohibits crossing.
Those rules matter because a driver’s failure to yield can become evidence of negligence in a personal injury claim.
Pedestrians still have the legal right to move near traffic without being struck by a careless driver.
The injuries in pedestrian accident cases are often severe because the human body absorbs the force of the vehicle, the pavement, and sometimes a secondary impact.
Nearly half of pedestrian accident injuries involve the face, neck, or head, which reflects the risk of concussion, facial trauma, cervical injury, brain injury, and permanent impairment.
A claim may involve the driver, an employer, a commercial vehicle company, a rideshare platform, a public entity, or another party whose conduct contributed to the crash.
TorHoerman Law can review the evidence, identify liable parties, and evaluate whether the facts support a pedestrian accident lawsuit.
If you were injured, a pedestrian accident lawyer can explain whether you may qualify for compensation after being hit by a car and what steps may protect your claim.
Contact TorHoerman Law today for a free consultation, or use the chat feature on this page to get in touch with our legal team.
Pedestrian accidents continue to cause serious injuries and deaths across the United States.
These cases often involve a pedestrian hit by a car, truck, SUV, bus, rideshare vehicle, or another motor vehicle while crossing the street, walking in a parking lot, using a crosswalk, or traveling along the side of a road.
According to the Governors Highway Safety Association, drivers struck and killed an estimated 7,148 pedestrians in 2024.

That was lower than the previous year, but pedestrian deaths remained nearly 20% above 2016 levels.
The CDC also identified 137,325 emergency department visits for pedestrian injury from January 2021 through December 2023, showing that nonfatal pedestrian accident cases remain a major public safety concern.
A pedestrian accident lawsuit is usually based on negligence.
To bring a personal injury claim, the injured pedestrian or surviving family must show that another party owed a legal duty, breached that duty, caused the accident, and created compensable damages.
In most pedestrian accident cases, the driver has a duty to operate the vehicle safely, obey traffic laws, watch for pedestrians, yield when required, and avoid conduct that puts others at risk.
A driver may breach that duty by speeding, looking at a phone, ignoring a traffic signal, failing to yield, driving under the influence, or failing to keep a proper lookout.

The basic elements of a pedestrian accident lawsuit include:
A pedestrian accident attorney can help connect the evidence to each element of the claim.
This may include reviewing the police report, interviewing witnesses, securing video footage, analyzing the crash scene, reviewing medical records, and identifying all available insurance coverage.
In fatal cases, the claim may also require proof of who has legal authority to bring the wrongful death action and which beneficiaries may recover damages under state law.
Pedestrian accident lawsuits can involve several areas of law.
The exact rules depend on the state where the accident happened, the location of the incident, the conduct of the driver, and whether a public entity or company may be liable.
Traffic laws are often central to a pedestrian accident claim.
These laws may address crosswalk use, right-of-way rules, traffic signals, school zones, speed limits, turning movements, and driver duties near pedestrians.
A driver who hits a pedestrian while turning, speeding, texting, or failing to yield may be held liable if that conduct caused the crash.

Common legal issues in pedestrian accident cases include:
A personal injury attorney can evaluate these laws and explain the injured pedestrian’s legal rights.
Some states follow pure comparative fault, some use modified comparative fault, and a few still apply more restrictive fault rules.
Those differences can materially affect whether an injured pedestrian may recover damages.
This matters because insurance companies may use traffic law arguments to reduce compensation, deny liability, or pressure clients into a lower settlement.
Pedestrian accidents often happen because a driver fails to see, yield to, or safely respond to a person walking near traffic.
These crashes may occur in crosswalks, intersections, parking lots, school zones, residential streets, highways, construction areas, or commercial driveways.
Speed is one of the most important factors in pedestrian injury severity.
IIHS research found that pedestrians struck at 20 mph had a 46% chance of at least moderate injury and a 1% risk of death, while those struck at 35 mph had an 86% chance of moderate injury, a 67% chance of serious injury, and a 19% risk of death.
At 50 mph, the fatality risk exceeded 80%.

Common causes of pedestrian accidents include:
Federal safety guidance recognizes that poor lighting, parked cars, roadway curves, and other obstructions can reduce crosswalk visibility.
FHWA also states that on multilane roadways with traffic volumes above 10,000 vehicles per day, a marked crosswalk alone is typically not sufficient.
Pedestrian accident injuries are often severe because the pedestrian has no seatbelt, airbag, vehicle frame, or other protection from impact.
A pedestrian may be injured by the initial vehicle strike, the hood or windshield, the pavement, a secondary vehicle, or a run-over incident.
Some clients suffer injuries that resolve with treatment.
Others face catastrophic injuries that affect work, mobility, independence, and daily life.
A serious injury may require emergency care, surgery, rehabilitation, long-term medication, assistive devices, or home modifications.

Common injuries in pedestrian accident cases include:
These injuries can have a devastating impact on a client’s life.
Medical expenses may begin with an ambulance ride and emergency treatment, then continue through hospitalization, surgery, therapy, follow-up appointments, and future care.
A pedestrian accident lawyer can help document these losses and seek compensation from the liable party or insurance company.
Liability in a pedestrian accident lawsuit depends on who caused or contributed to the crash.
In many cases, the defendant driver is the primary at fault party.
In other cases, multiple individuals, companies, or public entities may share liability.

Potentially liable parties may include:
A law firm handling pedestrian accident cases must investigate beyond the obvious driver.
Identifying every liable party can affect the available insurance coverage, policy limits, settlement amount, and ability to maximize compensation.
The legal process begins with understanding what happened, who may be at fault, and how the pedestrian’s injuries or death changed the client’s life.
Some pedestrian accident settlements occur through insurance negotiations.
Other cases require aggressive litigation when the insurance company denies fault, disputes the injury, or refuses to pay fair compensation.

The general process may include:
The process can feel overwhelming for an injured pedestrian or grieving family.
A personal injury lawyer can manage communications, protect legal rights, and push the case forward while the client focuses on medical attention, recovery, and family needs.
Evidence is critical in a pedestrian accident claim because insurance companies often dispute fault.
They may argue that the pedestrian crossed too early, crossed too late, entered the street outside a crosswalk, ignored a signal, wore dark clothing, or contributed to the accident.

Important evidence may include:
Evidence should be preserved quickly.
Video may be overwritten, vehicles may be repaired, roadway conditions may change, and witnesses may become harder to find.
A pedestrian accident lawyer can send preservation letters and take steps to protect the claim before important evidence is lost.
Damages are the losses caused by the accident.
In pedestrian accident cases, damages may be substantial because severe injuries can affect health, income, mobility, independence, and family life.
Compensation may include economic damages, non economic damages, and, in limited cases, punitive damages.

Potential damages may include:
Punitive damages may be available in some states when the defendant driver acted with extreme recklessness, such as drunk driving, excessive speeding, or a hit-and-run.
These damages are not available in every case and depend on state law.
The settlement amount in a pedestrian accident lawsuit depends on the facts.
Serious injury, traumatic brain injury, spinal cord damage, broken bones, permanent disability, death, clear driver negligence, commercial vehicle involvement, and higher policy limits may all affect valuation.
Prior results do not guarantee a similar outcome in any future case.
The steps taken after a pedestrian accident can affect medical recovery and the strength of a legal claim.
The injured pedestrian should seek medical attention immediately, even if the injury seems minor at first.
Some brain injury, internal injury, spinal cord, and soft tissue symptoms may worsen after the initial shock of the incident.

After a pedestrian accident, steps to take include:
If the injured person is a child, such as a high school student hit while crossing near school, additional issues may arise.
These cases may involve school zone traffic laws, bus stop safety, crossing guards, negligent drivers, municipal road design, and long-term damages that affect education, development, and future earning capacity.
You may qualify for a pedestrian accident lawsuit if you were hit by a car or other vehicle and another party’s negligence caused your injuries.
A surviving family may also qualify if a loved one died after a pedestrian accident caused by driver negligence, unsafe road conditions, or another liable party.

You may have a claim if:
A personal injury attorney can review the facts and explain whether you may have a pedestrian accident claim.
Liability, compensation, and deadlines depend on the state where the accident happened and the evidence available.
A pedestrian accident lawsuit may involve an injured pedestrian seeking compensation for medical expenses, lost wages, pain, disability, and other losses.
When a person has suffered fatal injuries, surviving family members may be able to bring a wrongful death claim.
These cases can become disputed when an insurance company challenges fault, questions the severity of the injury, or argues that available insurance limits restrict recovery.
Common factors that may affect a pedestrian accident claim include:
If you or a loved one was injured in a pedestrian accident, TorHoerman Law can review your case and explain your legal rights.
Our pedestrian accident attorneys handle personal injury cases involving severe injuries, catastrophic injuries, fatal crashes, disputed liability, and insurance company resistance.
A pedestrian accident can change a person’s life in seconds.
Medical bills can pile up, lost wages can create financial pressure, and the insurance company may try to limit what it has to pay.

Our law firm can investigate the accident, identify the at fault driver or other liable parties, evaluate insurance coverage, and seek compensation for the full impact of the injury.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page for a case evaluation.
Yes.
A pedestrian accident lawsuit is a type of personal injury claim that may be filed when an injured pedestrian is hit by a car, truck, SUV, rideshare vehicle, or another motor vehicle because of driver negligence or another liable party’s conduct.
These claims are similar to other auto accidents in that they may involve medical bills, lost wages, pain and suffering, insurance coverage disputes, and settlement negotiations.
Because pedestrian accident cases often involve severe injuries or fatal outcomes, they may require a detailed investigation into the police report, traffic laws, insurance coverage, and all parties who may share liability.
Compensation in a pedestrian accident lawsuit may include medical expenses, lost wages, future medical care, pain and suffering, property damage, and other losses caused by the accident.
If the pedestrian suffered a traumatic brain injury, spinal cord injury, broken bones, internal injuries, or another serious injury, the settlement amount may need to account for long-term care, disability, reduced earning capacity, and the impact on daily life.
If the pedestrian died, surviving family members may be able to pursue wrongful death damages, including funeral expenses, loss of financial support, and other damages allowed by state law.
An insurance company may argue that the pedestrian caused or contributed to the accident by crossing outside a crosswalk, entering the street unexpectedly, crossing against a signal, or failing to notice the vehicle.
These arguments do not automatically defeat a pedestrian accident claim.
A pedestrian accident attorney can review the police report, witness statements, traffic camera footage, vehicle damage, street layout, and traffic laws to determine whether the defendant driver or another party was at fault.
The timeline depends on the severity of the injuries, the amount of insurance coverage, the number of liable parties, and whether the insurance company disputes fault or damages.
Some pedestrian accident settlements may resolve through insurance negotiations, while other cases require litigation, discovery, mediation, or trial.
Serious injury and wrongful death cases can take longer because the full value of the claim may depend on future medical needs, expert opinions, long-term wage loss, and the lasting effect on the injured person’s life.

Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
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In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
Child Pedestrian Accidents and Legal Claims
Common Pedestrian Accident Injuries
Steps to Take After a Hit-and-Run Pedestrian Accident
How Is Pedestrian Accident Compensation Determined?
The Legal Process of a Pedestrian Accident Claim
Common Causes of Pedestrian Accidents

They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

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I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.

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