Fayetteville Pedestrian Accident Lawyers

Walking through Fayetteville should never feel risky, but across Arkansas, people walking on or near roadways are seriously injured every day due to negligent drivers. Pedestrian fatalities in Arkansas have increased in recent years, with dozens of lives lost annually and many more injured. Fayetteville’s growing population, college traffic, and busy intersections present particular risks for those strolling through our neighborhoods and commercial areas. If you have been struck by a vehicle while walking, you may be facing medical bills, missed work, and emotional trauma. At Wilmoth Law Firm, an experienced Fayetteville pedestrian accident lawyer safeguards clients’ rights, holds negligent drivers accountable, and fights for the justice and compensation you deserve after an accident.

What Are Common Causes of Pedestrian Accidents?

Pedestrian accidents occur quickly and often where people feel safe, such as crosswalks, parking lots, neighborhoods, or road shoulders. Common causes include:

Distracted driving or talking.
Speeding, especially in residential or commercial areas.
Failing to yield the right-of-way at intersections or crosswalks.
Making turns without looking.
Driving under the influence of drugs or alcohol.
Poor visibility due to darkness, weather, or low lighting.
Reversing without checking in driveways or parking lots.

Pedestrian accidents often cause life-changing injuries, even at low speeds, such as back, neck, and spinal injuries, broken or crushed bones, lacerations, head and facial damage, organ damage, and traumatic brain injuries.

What Are Drivers’ and Pedestrians’ Responsibilities in Arkansas?

Both drivers and pedestrians have shared responsibilities to prevent accidents, which can help establish fault when a crash occurs. Under Arkansas law,

Drivers must:

Yield to pedestrians in marked crosswalks.
Watch for pedestrians when turning at intersections.
Obey all posted speed limits, especially in school zones and residential areas.
Avoid distractions and stay focused on the road.
Use extra caution in areas with high foot traffic or poor visibility.

Pedestrians must:

Use crosswalks and obey walking signals when available.
Avoid suddenly stepping into traffic from between parked cars or other hidden spots.
Yield the right-of-way to vehicles when crossing outside of crosswalks.
Stay on sidewalks where available, or walk facing traffic when no sidewalk exists.
Remain alert and avoid distractions such as phone use while crossing.

When both parties follow these rules, accidents are far less likely to occur.

Who Is Responsible for My Injuries if I am Struck by a Car?

Liability in a pedestrian accident depends on the specific facts of the case. In many situations, the driver is at fault, especially if they were speeding, distracted, or failed to yield. However, Arkansas is a modified comparative negligence state, meaning you can recover compensation as long as you were less than 50% responsible, though it will be reduced by your percentage of fault. For example, if you were 20% at fault, your damages will be reduced by 20%. Your lawyer can help gather evidence such as witness statements, video footage, and police reports to determine who is legally responsible.

What Compensation am I Entitled to After a Pedestrian Accident?

If you have been hit by a vehicle, you may be entitled to compensation for both financial and personal losses, including medical expenses, lost income, pain and suffering, emotional distress, and property damage. In Arkansas, insurance companies offer optional Medical Payments coverage (MedPay) that may help cover your medical bills up to the coverage limit, regardless of who caused the accident, providing immediate assistance before a liability claim is resolved.

What if the Pedestrian Caused the Accident?

Pedestrians can be held partially or fully responsible for an accident if they violated traffic laws or acted carelessly. If you were the pedestrian in an accident and stepped into traffic suddenly, crossed against a light, or walked while distracted, you could be found at fault.

What if the Driver Who Hit Me Was Uninsured?

If the driver who struck you does not have auto insurance, recovering compensation may still be possible through your own policy if it includes Uninsured/Underinsured Motorist (UM/UIM) coverage. This type of coverage is designed to help pay for injuries caused by a driver who has either no insurance or insufficient insurance to cover the full extent of your damages. In such situations, your options may include:

Filing a claim through your own UM coverage.
Filing a personal injury lawsuit directly against the at-fault driver.
Exploring other liable parties, such as an employer, if the driver was working at the time.

Uninsured driver cases can be complex, and recovering compensation is often more challenging. It is wise to consult an experienced Fayetteville pedestrian accident lawyer to explore your options and help clarify next steps.

Can a Driver Face Criminal Charges for Hitting a Pedestrian in Arkansas?

Depending on the circumstances of the accident and whether any laws were broken, drivers can face criminal charges in certain pedestrian accidents, such as:

Driving under the influence of drugs or alcohol (DUI).
Fleeing the scene of the accident (hit-and-run).
Driving recklessly or with extreme disregard for safety.
Wrongfully causing a death through negligent or unlawful behavior.

Even if a driver is criminally charged in the accident, you can still pursue a civil claim to seek compensation in Arkansas. The two processes are separate, and you do not need to wait for a criminal case to be resolved in order to file a claim for your injuries and losses.

Additionally, if you were charged with a criminal offense for causing a pedestrian accident, it is important to speak with a criminal defense lawyer as soon as possible. Charges such as reckless driving, DUI, or hit-and-run carry serious penalties, including fines, license suspension, or jail time. At Wilmoth Law Firm, we also represent clients facing traffic-related criminal charges and can help protect your rights and build a strong defense.

What Should I Do if I am Hit by a Car?

Gathering evidence after an accident can provide powerful proof supporting your claim. You should report the accident and exchange information with the other driver, but limit conversation to avoid incriminating statements. Take photos of everything, ask witnesses for contact information and statements, seek medical attention as soon as possible to document any injuries, keep all records related to the crash, and speak to an experienced Fayetteville pedestrian accident lawyer about your legal rights and options.

How Can a Fayetteville Pedestrian Accident Lawyer Help Me?

Hiring an experienced Fayetteville pedestrian accident lawyer provides you with comprehensive legal representation, rights’ protections, and peace of mind that your claim is moving forward, and you will recover compensation sooner. At Wilmoth Law Firm, a pedestrian accident lawyer can investigate the accident, collaborate with your medical team on your healthcare needs, prepare and file required documents within deadlines, interview witnesses, hire experts, negotiate with insurance companies, and represent you in court if your case goes to trial.