Can You Sue Someone for Running You Over?

Can You Sue Someone for Running You Over?

Being hit by a vehicle is a terrifying and often life-changing experience. Whether you are crossing the road, walking along a sidewalk, or in a parking lot, the impact can leave you with serious injuries and mounting financial and emotional challenges. 

You may be wondering whether you can take legal action against the driver who caused your pain and loss. The short answer is yes. Under most circumstances, you have the right to sue someone who ran you over, provided you can establish certain legal elements.

This guide will walk you through everything you need about suing after being hit by a vehicle. From the legal grounds for your claim to the challenges you might face, we’ll help you understand the path toward justice.

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Liability Beyond Negligence

While most lawsuits for being run over center on negligence, liability can extend beyond the individual driver. For instance:

• Employer Liability: If the driver was on the job during the accident, their employer might share responsibility under "vicarious liability" laws.
• Vehicle Owners: If the vehicle belongs to someone other than the driver, the owner could also face liability if they allowed an unfit person to operate it.
• Municipalities: A poorly maintained roadway, defective traffic signals, or a lack of pedestrian crossings could indicate negligence on the part of a government entity.

Identifying all liable parties ensures that you pursue every possible avenue for compensation.

Types of Compensation You Can Pursue

After being run over by a vehicle, your damages may extend beyond immediate medical bills. A personal injury lawsuit allows you to seek compensation for various losses.

Medical costs

Medical expenses might include emergency care, surgeries, hospital stays, physical therapy, medications, and even long-term rehabilitation services. If your injuries require home modifications or assistive devices, such as wheelchairs, these costs may also be recoverable.

Lost wages and loss of earning capacity

If your injuries prevent you from returning to work, you can seek compensation for lost wages during your recovery. For severe, long-term injuries, you might also claim damages for lost earning potential, reflecting the income you would have earned had you not been injured.

Pain and suffering

Beyond the physical injuries, getting run over can take a massive toll on your mental health and overall well-being. Courts may award damages for pain and suffering to address the emotional and psychological impact of the accident, from post-traumatic stress disorder (PTSD) to anxiety or depression.

Property damage

If the accident also damaged anything you were carrying or using at the time, such as a smartphone, bicycle, or stroller, you may be entitled to recover the cost of repairs or replacement.

Punitive damages

Though less common, punitive damages aim to punish the defendant for particularly egregious behavior, such as road rage or intentional harm. Your attorney can advise whether this type of compensation might apply in your case.

Proving Fault in a Pedestrian Accident Claim

One of the most critical elements of any personal injury claim is proving that the driver caused the accident and your injuries. This often involves collecting and presenting strong evidence to support your case.

Key evidence to support your claim

• Police reports: When officers respond to an accident, they create an official report documenting the scene, witness statements, and any citations issued. This report can be a crucial piece of evidence.
• Medical records: Your medical records establish the extent of your injuries and confirm that they resulted from the accident.
• Witness testimony: People who saw the accident unfold can provide valuable accounts that corroborate your events.
• Surveillance footage: Security or traffic cameras near the accident scene may have captured the collision, providing a clear view of what happened.
• Photos and videos: Any documentation from the scene, such as pictures of the vehicle’s position or road conditions, can strengthen your case.

Addressing challenges and disputes

Even with strong evidence, securing compensation isn’t always straightforward. The driver’s insurance company may attempt to deny responsibility or shift some blame onto you. For instance, they might argue you were crossing outside a designated crosswalk or weren’t paying attention to traffic.

Pennsylvania follows a "modified comparative negligence" rule. Your compensation could be reduced if you’re found partially at fault. However, you can still recover damages if you’re less than 51% responsible. Building a solid case that minimizes your share of the blame is essential to achieving a favorable outcome.

Dealing With Insurance Companies

Dealing with insurance companies after an accident can feel like an uphill battle. Despite their advertising slogans, insurance adjusters often prioritize minimizing payouts over helping injured victims.

Tips for navigating insurance claims

1. Stick to the facts: Keep your statements brief and factual when speaking to insurers. Avoid guessing details or making admissions like "I didn’t see the car."
2. Don’t accept lowball offers: Insurers may present a quick settlement that doesn’t fully cover your damages. Review every offer carefully before accepting.
3. Document everything: Keep detailed notes on all interactions with insurance representatives, including dates, times, and what was discussed.

While you’re technically not required to have legal representation, working with an experienced attorney can level the playing field. They can negotiate with insurers on your behalf, ensuring you’re treated fairly and receive a settlement that reflects the full scope of your losses.

Should You File a Lawsuit or Settle?

Many pedestrian accident cases resolve through settlements rather than court verdicts. Settling can be quicker and less stressful, but only when the offer is fair enough to cover your damages. If the other party refuses to negotiate reasonably, filing a lawsuit might be your next step.

A case that goes to trial allows a judge or jury to decide the outcome. While it involves more time and effort, a trial may result in higher compensation, especially if your injuries are severe and liability is clear. Your attorney can help weigh the pros and cons of each approach and guide you toward the best decision for your situation.

The Long-Term Psychological Effects of Being Run Over

Getting hit by a vehicle doesn’t just leave physical scars; the emotional and psychological impact can linger for years. These effects often disrupt a victim’s life in profound ways, making recovery even more challenging. Addressing this fallout is critical, not only for healing but for ensuring that it is factored into any compensation claim.

Emotional trauma and PTSD

It’s not uncommon for individuals who have been run over to develop post-traumatic stress disorder (PTSD). This condition can cause intrusive memories of the incident, nightmares, and a deep fear of being near traffic again. 

Everyday activities, such as crossing the street, may trigger overwhelming anxiety. Some individuals even avoid going outside altogether, significantly limiting their independence and quality of life.

PTSD can also severely impact relationships. The person might become withdrawn or irritable, making it hard to connect with loved ones. This isolation can lead to additional emotional struggles, such as depression.

Anxiety and depression

The psychological consequences don’t end with PTSD. Many victims deal with persistent anxiety, even in situations that feel completely unrelated to traffic. This heightened stress can interfere with work, hobbies, and social interactions. 

Likewise, depression often follows a traumatic accident, especially for those facing long recoveries or permanent injuries. The frustration of being unable to perform normal tasks and financial strain can compound emotional pain.

Symptoms like difficulty sleeping, loss of appetite, and an inability to focus are common in people dealing with anxiety or depression after an accident. 

These conditions can rob individuals of their ability to enjoy life fully, leaving them overwhelmed and unsure of the path forward.

Behavioral changes and loss of confidence

Victims of such accidents may struggle with a loss of self-confidence. They might blame themselves for the event or feel embarrassed about needing help for daily activities they once handled easily. 

For those who suffer visible injuries or disabilities, self-consciousness about their physical appearance can become a significant hurdle to recovery.

Behavioral changes are also common. A person who once felt comfortable navigating busy streets or taking evening strolls might now avoid these activities altogether. Over time, this shift can reshape their lives, forcing them to miss out on opportunities and experiences they once enjoyed.

How Psychological Damages Are Included in a Claim

When filing a claim for being run over, you can pursue compensation for emotional and psychological harm. These damages fall under "pain and suffering," and they recognize the invisible injuries that disrupt your life as much as, if not more than, physical trauma.

To include psychological damages in your claim, you’ll need to document the effects on your well-being. Medical records from therapists, psychologists, or counselors will play a crucial role in establishing the impact of the accident. Keeping a journal that tracks your thoughts, emotions, and how they affect your daily life can provide additional evidence.

Including psychological damages in your case ensures a more comprehensive view of your suffering. It not only validates your mental and emotional struggle but also reinforces the need for proper compensation to help you recover and move forward.

Healing from the psychological effects of being run over is a long and ongoing process. There is no one-size-fits-all timeline, and each victim experiences this unique challenge differently. Seeking therapy, leaning on supportive family and friends, and adopting self-care strategies are all vital steps toward recovery.

Recognizing the long-term psychological consequences of a pedestrian accident allows you to treat your mental health as seriously as your physical injuries. Including these damages in your claim also sends a clear message that emotional recovery matters just as much, setting you on the path to a complete and balanced recovery.

Seeking Justice with The Levin Firm After Being Run Over

Being run over by a vehicle is a traumatic experience, but you don’t have to tackle the aftermath alone. Holding the at-fault party accountable helps you recover financially and brings a sense of justice and closure to a painful chapter of your life.

If you or a loved one has been injured after being hit by a vehicle, The Levin Firm is here to help. Our team of skilled and aggressive advocates is committed to fighting for your rights and securing the compensation you deserve. 

Use our online form to contact us today for a free consultation to discuss your case and explore your options for moving forward.

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