Yes, you can sue someone for running you over if their negligence caused the accident. You may be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages through a personal injury lawsuit against the driver, their employer, or other responsible parties.
Pedestrian accidents often result in severe injuries requiring extensive medical treatment and long recovery periods. Whether you were in a crosswalk, on a sidewalk, or elsewhere when struck, your legal rights to compensation depend on factors including driver fault, your actions, and available insurance coverage. Pedestrian accident attorney can evaluate these factors and help pursue claims against the responsible parties.
Suing Someone for Running You Over – Key Takeaways
- You can sue drivers who run you over regardless of whether they received traffic tickets or criminal charges
- Hit-and-run victims may still recover compensation through uninsured motorist coverage or crime victim funds
- Partial fault doesn’t eliminate your right to sue in most states, though it may reduce compensation
- Additional parties like employers, bars, or cities may share liability depending on circumstances
- Free consultations help determine case value and legal options without financial commitment
What If It Was a Hit-and-Run and We Can’t Find the Driver?
Hit-and-run pedestrian accidents don’t eliminate your compensation options even when drivers flee and remain unidentified. Your own auto insurance may provide uninsured motorist coverage that applies when you’re struck as a pedestrian, and household family members’ policies might also provide coverage. These UM benefits can pay medical expenses, lost wages, and pain and suffering damages similar to what you’d recover from the fleeing driver.
Crime victim compensation funds exist in many states, including Georgia, Florida, and Tennessee, to help victims of violent crimes, including hit-and-run accidents. These programs typically cover medical expenses, counseling, lost wages, and funeral costs in fatal accidents. While amounts may be limited compared to insurance claims or lawsuits, they provide crucial support when other sources aren’t available.
Police investigations sometimes identify hit-and-run drivers days, weeks, or months after accidents through surveillance footage, vehicle parts left at scenes, or repair shop reports. If drivers are eventually found, you can pursue civil lawsuits within statute of limitations deadlines even if criminal prosecution has concluded.
Do No-Fault Rules Limit My Ability to Sue?
Florida’s no-fault insurance system requires your own Personal Injury Protection (PIP) coverage to pay initial medical bills and lost wages regardless of fault, but you can still sue for damages exceeding PIP limits. To sue in Florida, injuries must meet the “serious injury threshold”—permanent injury, significant scarring, or death. Most pedestrian accidents easily meet these thresholds due to injury severity.
Georgia and Tennessee follow traditional fault-based systems where you can sue immediately without threshold requirements. The at-fault driver’s liability insurance covers your damages from the start, and lawsuits can proceed for any injury level. These states don’t require PIP coverage, making direct claims against responsible drivers the primary recovery method.
State-specific rules affecting pedestrian lawsuits include:
- Florida: Must meet serious injury threshold, PIP pays first $10,000, modified comparative fault (51% bar), two-year statute of limitations
- Georgia: No threshold requirements, modified comparative fault (50% bar), two-year filing deadline
- Tennessee: Direct lawsuit rights, modified comparative fault (50% bar), one-year statute of limitations
Your ability to sue remains intact regardless of insurance systems, though procedural requirements and timing vary by state. Attorneys understand these distinctions and can guide you through applicable requirements.
What If I Was Outside a Crosswalk? Can I Still Recover?
Being outside a crosswalk when hit doesn’t automatically prevent recovery, though it may affect fault determination and compensation amounts. Drivers maintain duties to watch for pedestrians everywhere, not just in crosswalks, and must exercise reasonable care to avoid striking people regardless of location.
Circumstances could reduce or eliminate pedestrian fault even outside crosswalks. Poor lighting, obstructed sidewalks forcing pedestrians into roads, malfunctioning traffic signals, or driver impairment can shift greater responsibility to drivers. Emergency situations, avoiding other hazards, or nearest crosswalk being unreasonably distant also provide valid reasons for road presence.
Can I Sue a Drunk or Distracted Driver for Punitive Damages?
Drunk driving and serious distraction like texting may support punitive damage claims beyond standard compensation. These damages punish particularly reckless conduct and deter similar behavior. While regular compensation covers your losses, punitive damages provide additional recovery when driver conduct was especially dangerous.
Punitive damages require proving driver conduct exceeded ordinary negligence. DUI with high blood alcohol levels, repeated drunk driving offenses, excessive speeding, or conscious disregard for pedestrian safety may qualify. Your attorney can evaluate whether driver conduct supports punitive damage claims based on police reports and investigation findings.
Some states cap punitive damages or require higher evidence standards for awards. Georgia generally limits punitive damages to $250,000 unless specific exceptions apply. In Florida, punitive damages cannot exceed three times the amount of compensatory damages awarded or $500,000, whichever is greater. Similarly, Tennessee caps most punitive damages at two times compensatory damages or $500,000.
Who Pays If the Driver Was Working?
Drivers working during accidents create additional liability for their employers through vicarious liability principles. Delivery drivers, rideshare drivers, truck drivers, and other commercial operators bring their employers’ insurance coverage and assets into play. This expanded liability could provide better compensation prospects than individual driver resources alone.
Rideshare accidents involving Uber or Lyft drivers trigger different insurance coverage based on app status. During active rides, $1 million policies provide substantial protection for injured pedestrians. Amazon delivery drivers, food delivery services, and commercial trucking companies maintain various coverage levels that typically exceed personal auto insurance.
Employer liability extends beyond just insurance coverage. Companies may face direct negligence claims for inadequate driver screening, training failures, vehicle maintenance issues, or policies encouraging unsafe driving.
What Damages Can I Claim?
Pedestrian accident victims can recover comprehensive damages covering all accident-related losses. These damages fall into several categories requiring different types of documentation and proof.
Recoverable damages in pedestrian accident cases may include:
- Medical Expenses: Emergency treatment, surgeries, hospital stays, medications, physical therapy, and future care needs
- Lost Income: Wages during recovery, sick leave used, lost bonuses, and reduced earning capacity from permanent injuries
- Life Care Needs: Home modifications, mobility equipment, long-term care, and assistance with daily activities
- Pain and Suffering: Physical pain, emotional distress, mental anguish, and diminished quality of life
- Loss of Consortium: Spouse’s claim for loss of companionship, affection, and marital relationship
- Wrongful Death: Family recovery for lost financial support, services, and companionship in fatal accidents
Documentation through medical records, employment verification, and expert testimony can support these damage claims during insurance negotiations and litigation.
FAQ About Pedestrian Accident Lawsuits
How Long Do I Have to File a Lawsuit?
Tennessee provides one year from the accident date, while Georgia and Florida allow two years for personal injury claims. Missing these deadlines typically eliminates all rights to compensation regardless of injury severity.
Can Parents Sue If Their Child Was Hit?
Parents can pursue claims on behalf of injured minor children and may have separate claims for medical expenses and emotional distress. Settlement approval often requires court oversight to protect children’s interests.
What If Insurance Denied My Claim?
Insurance denials don’t prevent lawsuits and may actually indicate you need attorney representation to properly pursue compensation. A denial does not necessarily mean you do not have a claim, and filing suit may help further stalled negotiations.
Contact a Calvin Smith Law Pedestrian Accident Lawyer
Calvin Smith Law represents pedestrian accident victims throughout Georgia, Tennessee, and Florida, handling claims against drivers, employers, insurance companies, and government entities. If you were hit by a vehicle while walking, you have options for securing fair compensation.
Our attorneys work on contingency fees, meaning no upfront costs and payment only from successful recovery. Contact Calvin Smith Law today for a free consultation about your pedestrian accident case and learn how we can help you with your claim.
