Fayetteville Pedestrian Accident Lawyers

Fayetteville boasts over 40 miles of paved and natural trails throughout its city parks and neighborhoods. While walking is an excellent source of exercise and recreation, it’s also risky when motorists don’t look out.

Pedestrians have no protection when a 4,000-pound vehicle strikes them. There’s no seatbelt, no airbag, no metal frame to absorb the impact. While the at-fault driver might emerge unscathed, the pedestrian is usually left with broken bones, head injuries, or worse. If this happens to you, you may have the right to hold the driver accountable and recover full compensation for your medical bills, lost wages, property damage, pain and suffering, and more.

At Horton Personal Injury Lawyers, our Fayetteville pedestrian accident lawyers represent injured pedestrians and their families. You don’t pay anything upfront: we work on a contingency fee basis, which means we only get paid if you win your case. Call our personal injury law firm anytime, day or night: we’re available 24/7 for free consultations.

Why Choose Our Firm for Your Pedestrian Accident Case?

Horton Personal Injury Lawyers represents injured pedestrians and their families throughout Arkansas. We regularly handle cases involving life-changing injuries and have built our practice on getting results for people who’ve been hurt through someone else’s negligence. When you hire our Fayetteville pedestrian accident lawyers, the benefits include:

Pedestrian Accident Experience: We’ve represented clients with traumatic brain injuries, spinal cord damage, and multiple fractures that require surgeries, rehabilitation, and long-term care costing hundreds of thousands of dollars. This experience means we know how to calculate the full value of your personal injury case, including future medical costs and lost earning capacity that insurance companies try to ignore.
Direct Attorney Communication: You’ll talk directly to your attorney, not a paralegal or case manager. We return phone calls the same day and explain what’s happening at each stage of your case so you’re never left wondering about the status of your personal injury claim.
Aggressive Negotiation: When insurance adjusters make lowball offers – and they will – we push back with solid evidence and expert testimony. We don’t accept the first settlement offer just to close your case quickly. We fight for what you actually need to cover your medical bills and replace your lost income.
Trial-Ready Representation: If insurance companies won’t pay what you deserve, we file a lawsuit and prepare for trial. Many firms avoid court because it takes more work. Our auto accident lawyers don’t back down when your case needs to go before a judge and jury.
No Upfront Costs: You pay nothing unless we win. We cover investigation costs, expert witness fees, and court filing fees upfront. Our fee comes from your settlement or verdict, so we have every reason to maximize your recovery.

We offer free consultations so you can tell us about the pedestrian accident and decide if we’re the right law firm for you. Call us today and find out why so many injured pedestrians have trusted us with their cases.

Why Pedestrian Accidents Are So Dangerous

Cars weigh between 3,000 and 5,000 pounds and travel at speeds that turn the human body into a projectile when impact occurs. Pedestrians have nothing to absorb the force of a collision, so when a vehicle going 30 miles per hour hits someone walking along the road, that person’s body takes the full brunt of thousands of pounds of force. The result is catastrophic injury or wrongful death in most cases.

Common pedestrian accident injuries include

Head Trauma: Traumatic brain injuries can happen when a pedestrian’s head strikes the hood, windshield, or pavement. These car accident injuries cause memory loss, difficulty concentrating, mood changes, and, in severe cases, permanent cognitive impairment that prevents someone from working or living independently.
Spinal Cord Injuries: Spinal injuries occur when the impact fractures vertebrae or severs the spinal cord itself, causing partial or complete paralysis below the injury site. A person who could walk before the car accident may need a wheelchair for the rest of their life.
Broken Bones: The impact of a car accident can leave a pedestrian with broken and fractured bones. The damage is often so severe that it needs surgical repair with metal rods and plates.
Organ Damage: Internal injuries to organs like the liver, spleen, or kidneys can cause life-threatening bleeding that needs emergency surgery. Afterward, the damaged organs may have trouble functioning normally.

Recovery can take months or even years. Most car accident victims have to attend physical therapy sessions every week, take prescription medications daily, and see specialists for ongoing treatment. They can’t return to jobs that require standing, lifting, or physical activity, and some never work again. Medical bills can reach six figures or more while paychecks stop coming in, creating huge financial pressure. It’s a devastating situation that no one should ever have to endure.

Common Causes of Pedestrian Accidents in Fayetteville

Pedestrian accidents happen because drivers violate traffic laws, don’t pay attention, or misjudge their ability to avoid someone on foot. Common examples include:

Distracted Driving: Drivers look down at their phones to read text messages, check GPS devices, or scroll through social media. A car traveling at 25 miles per hour covers 37 feet per second, which means a driver who looks away for just three seconds travels more than 100 feet without watching the road. That’s enough distance to miss seeing a pedestrian in a crosswalk and strike them before the driver even realizes what happened.
Failure to Yield: Drivers who don’t stop at crosswalks and intersections cause crashes that could be prevented by simply following traffic laws. Arkansas law requires drivers to stop for pedestrians in marked crosswalks, but many drivers roll through or accelerate to beat the pedestrian across. Right-of-way violations happen most often when drivers make right turns on red lights without checking for people crossing the intersection.
Left-Hand Turn Accidents: Drivers making left turns focus on oncoming traffic and don’t see pedestrians crossing in front of them. The driver watches for a gap in traffic, accelerates through the turn, and hits someone already in the crosswalk.
Speeding: Higher speeds reduce a driver’s reaction time and increase the severity of injuries when a car accident occurs. According to the AAA Foundation for Traffic Safety, a pedestrian’s risk of death reaches 10% when struck at 23 mph, but that risk jumps to 50% at 42 mph and 75% at 50 mph.
Drunk or Drug-Impaired Driving: Drivers impaired by drugs or alcohol can’t judge distances accurately, react more slowly to pedestrians in their path, and often don’t see people walking until it’s too late to brake. Blood alcohol levels above the legal limit slow reflexes and blur vision, increasing the risk of a serious auto accident.
Poor Weather Conditions: Pedestrians become harder to see at dawn, dusk, or night when drivers rely on headlights. Rain, fog, and glare from the sun reduce visibility even further, making it difficult for drivers to spot someone crossing the street until they’re dangerously close.
Parking Lot and Backing-Up Collisions: Drivers often back out of parking spaces without checking behind them or looking for pedestrians walking between parked cars. These motor vehicle accidents happen in shopping centers, apartment buildings, and office parking lots, where people assume traffic moves slowly enough to avoid danger.

Each of these car accident scenarios represents driver negligence. When someone behind the wheel violates traffic laws or fails to exercise reasonable care, they’re legally responsible for the injuries they cause.

Arkansas Pedestrian Laws and Liability

Arkansas law gives pedestrians the right of way in marked crosswalks and at intersections. Arkansas Code § 27-51-1001 requires drivers to stop and remain stopped to allow pedestrians to cross when the pedestrian is in the half of the roadway the vehicle is traveling on or close enough to be in danger. Drivers who fail to yield commit a traffic violation and can be held liable for injuries that result from that violation.

Pedestrians also have legal responsibilities. They must use crosswalks where they’re available, obey traffic signals, and can’t suddenly leave a curb and walk into the path of a vehicle that’s so close the driver can’t stop. When a pedestrian crosses outside a crosswalk, they must yield to vehicles. However, a pedestrian’s failure to follow these rules doesn’t automatically prevent them from recovering compensation.

Arkansas uses a modified comparative fault rule under Arkansas Code § 16-64-122. This means you can still recover damages even if you’re partially at fault for the accident, as long as your fault doesn’t exceed 50%. Your compensation gets reduced by your percentage of fault. If you’re 20% at fault and your damages total $200,000, you receive $160,000. If you’re 51% at fault or higher, you receive nothing.

Insurance companies exploit this rule by blaming pedestrians. They’ll claim you crossed against the light, weren’t in a crosswalk, wore dark clothing at night, or were distracted by your phone. These arguments aim to either bar your recovery entirely or reduce what they pay. Your personal injury attorney can use strong evidence like witness statements, surveillance footage, and accident reconstruction to counter these tactics.

What to Do After a Pedestrian Accident

You should always get medical attention right after a car accident, even if you think your injuries aren’t serious. Adrenaline can mask pain and symptoms of internal bleeding, brain injuries, and other conditions that worsen without treatment. Medical records created at the hospital or by paramedics at the accident scene establish a direct link between the crash and your injuries, which insurance companies will challenge if you wait days to see a doctor.

Other recommended steps include:

Call Law Enforcement: Police reports document who was involved, where the crash happened, and what the driver and witnesses said at the scene. The officer may also issue a citation to the at-fault driver, which serves as evidence of negligence. Request a copy of the report and get the names and contact information of any witnesses before they leave.
Document the Auto Accident Scene: If you’re physically able, take photos of the scene, your injuries, the vehicle that hit you, skid marks, traffic signals, and anything else relevant. If your phone was damaged in the accident, ask a bystander for help.
Avoid Insurance Adjusters: Don’t give a statement to the at-fault driver’s insurance company. They’ll call within hours of the auto accident, asking for your version of what happened. Anything you say gets recorded and may be used to reduce or deny your insurance claim, so tell them that your lawyer will be in touch and end the call.
Contact a Fayetteville Pedestrian Accident Lawyer Promptly: The Arkansas statute of limitations gives you three years to file a personal injury lawsuit, but it’s better to start your claim as soon as possible. Your lawyer will collect evidence like medical records, traffic camera footage, police accident reports, and witness statements, and prepare a demand package for the appropriate insurer.

Compensation Available to Injured Pedestrians

Pedestrian accident victims can recover two main categories of damages: economic and non-economic. Economic damages cover measurable financial losses like medical bills and lost income. Non-economic damages compensate you for pain, suffering, and other harm that can’t be calculated with receipts or pay stubs.

Medical Expenses: This includes all bills from emergency room treatment, surgeries, hospital stays, physical therapy, prescription medications, and medical equipment like wheelchairs or crutches. Future medical expenses also qualify when your injuries require ongoing care or additional surgeries.
Lost Wages: You can recover income you couldn’t earn while recovering from your injuries. This compensation covers the actual paychecks, bonuses, and benefits you lost while you were unable to work.
Future Earning Capacity: When your injuries prevent you from returning to your previous job or working at all, you lose decades of potential income. A construction worker who suffers a spinal cord injury and can’t perform physical labor anymore loses his entire career earnings, which are calculated based on age, salary, and how long he would have continued working.
Pain and Suffering: This compensates you for the physical pain from your injuries and the emotional trauma of dealing with recovery. The amount varies based on how severe your injuries are and how much they interfere with your daily activities.
Loss of Enjoyment of Life: When you can’t participate in activities you loved before the accident, you’re entitled to compensation for that loss. This applies to hobbies, sports, social activities, and anything else the injuries took away from you.
Wrongful Death Damages: When a pedestrian accident kills your loved one, surviving family members can file a wrongful death claim. This includes funeral and burial expenses, medical bills incurred before death, lost financial support the deceased would have provided, and loss of companionship and guidance.

Settlement value depends on multiple factors. The severity of your injuries, the clarity of the driver’s fault, your medical care expenses, how much income you’ve lost, and how the injuries affect your daily life all influence what your case is worth. Cases with permanent disabilities, clear liability, and substantial medical treatment typically result in higher settlements than minor injuries with quicker recoveries.

Call Our Fayetteville Pedestrian Accident Lawyers Today

Pedestrian injuries after a car accident can be life-changing, which is why you need a personal injury law firm that will go the extra mile to win the compensation you need. Horton Personal Injury Lawyers represents injured pedestrians throughout Fayetteville and Arkansas, and the sooner you call us, the sooner we can start building your case. Call 479-888-7992 anytime or fill out our online contact form, and we’ll respond right away.