A person on foot has no protection against a car. When a driver hits a pedestrian, even at low speed, the injuries can be severe. Pedestrian cases have some questions that other crash cases don’t, especially about right of way, visibility, and sometimes the condition of public streets and sidewalks.
Right of way and fault
Pedestrian cases often turn on who had the right of way. Drivers are expected to watch for people on foot, yield where the law requires, and take extra care in crosswalks, parking lots, school zones, and neighborhoods. Pedestrians have duties too, like obeying crossing signals.
Common situations include:
- A driver turning at an intersection who doesn’t check the crosswalk
- A driver backing out of a parking space or driveway
- A distracted or impaired driver
- A driver who passes a car stopped for a pedestrian
- Poor lighting at night
Insurance companies often argue that the pedestrian stepped out suddenly, wore dark clothes, or was not in a crosswalk. Under Arkansas’s comparative fault rule, your damages are reduced by your share of fault. If your fault is equal to or greater than the driver’s, you recover nothing (A.C.A. § 16-64-122). That makes the evidence important: where you were, what the driver could see, and how fast the car was going.
Evidence to gather
- The police report number
- Photos of the location, including crosswalks, signals, signs, and lighting
- Names of witnesses
- Video from nearby businesses, homes, or buses, which may be erased quickly
- Your clothing and shoes from that day
When a street or sidewalk is part of the problem
Sometimes a broken signal, a missing sign, or a dangerous sidewalk plays a part. Claims involving public property follow different rules. In Arkansas, cities and counties are generally immune from suit except to the extent of their liability insurance (A.C.A. § 21-9-301). Claims against the State go to the Arkansas State Claims Commission. These rules can limit or change a claim, so it is important to get advice early.
Whose insurance pays?
Usually the claim starts with the driver’s liability insurance. Your own auto policy may also help, even though you were walking. Some policies include medical payments coverage or uninsured and underinsured motorist coverage that can apply to a pedestrian. Bring any policies you have when we meet.
Deadlines
Most personal injury lawsuits in Arkansas must generally be filed within three years (A.C.A. § 16-56-105). Claims involving government entities can follow different rules, and some deadlines can be short. Don’t wait to ask.
Common questions
I wasn’t in a crosswalk. Do I still have a claim?
Maybe. Not being in a crosswalk doesn’t automatically end a claim. The question is how fault is divided based on all the facts.
The driver left the scene. What now?
Report it to the police right away. Your own uninsured motorist coverage may apply in a hit-and-run, depending on your policy.
Learn more on my personal injury page. If a family member died after being struck, see my wrongful death page.
Hit while walking in Jonesboro?
Call my office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This page is general information about Arkansas law, not legal advice for your situation.