Can You Sue or Make a Claim Against Someone for Running You Over?

Can You Sue or Make a Claim Against Someone for Running You Over?

Pedestrians have no physical protection against moving cars, trucks, or motorcycles, and the consequences are frequently severe, if not fatal. Many victims are left wondering what their options are, as they may have catastrophic injuries and exorbitant medical bills. Pedestrian accidents are personal injury claims, and we are prepared to assist you in exploring your legal options. However, succeeding in such a claim depends on several legal and factual elements, including fault determination (liability), insurance coverage, causation, and the extent of your damages. 

If you were hit by a vehicle, you don’t have to deal with insurance adjusters or complex legal procedures on your own. The pedestrian accident attorneys in Coral Springs at Cindy Goldstein Law are ready to assess your case and explain your legal options. Call (954)346-5420 today to schedule a free, complimentary consultation.

Key Takeaways about Suing or Making a Claim Against Someone for Running You Over

• Pedestrians can initiate a personal injury claim against a driver, and other potential defendants, who hit them or ran them over if the driver was negligent or reckless.
• Common negligent actions include speeding, distracted driving, and failing to yield at crosswalks.
• Compensation can include hospital bills, lost earnings, pain and suffering, and future medical care costs.
• Severe injuries, such as brain damage, spinal injuries, or amputations, can significantly increase settlement value.
• Every state has a deadline for filing a pedestrian accident claim. Pursuant to HB837, a claimant has 2 years from the date of loss to file a lawsuit against all responsible parties, and 5 years against their own uninsured motorist carrier (UM).
• Most pedestrian accident claims settle pre-suit and without the necessity of a lawsuit, but some require litigation to obtain reasonable compensation.
• An experienced personal injury attorney can help injured pedestrians pursue compensation that reflects the full scope of their damages. 
• In the State of Florida, a pedestrian is entitled to PIP coverage from the adverse driver if the pedestrian does not have his/her own PIP source.

Injuries in Run Over Collisions

When a pedestrian is run over by a vehicle, the consequences extend far beyond what most people imagine. The weight of even a compact car exceeds 3,000 pounds, and when that mass rolls over a human body, the resulting trauma can be catastrophic. Understanding these injuries is essential not only for medical treatment but also for pursuing fair legal compensation.

Run Over Trauma

Unlike sideswipe collisions where the pedestrian may be thrown clear, run over accidents involve sustained compression as tires pass over the body. This creates a different injury pattern characterized by crushing forces, dragging trauma, and multiple points of contact. The undercarriage of the vehicle may also strike the victim, causing abrasions and contusions across large body surfaces.

Crush Syndrome and Compartment Injuries

One of the most dangerous consequences of being run over is crush syndrome, where prolonged pressure damages muscle tissue and releases toxins into the bloodstream. When circulation returns, these toxins can cause kidney failure or cardiac arrest. Compartment syndrome occurs when swelling within muscle groups cuts off blood supply, potentially necessitating emergency fasciotomy surgery (a procedure to relieve dangerous pressure) to prevent tissue death. These conditions are medical emergencies that can complicate recovery and require intensive monitoring.

Chest and Abdominal Trauma

The torso bears significant impact when a vehicle's weight passes over it. Rib fractures are common and can puncture lungs, causing pneumothorax or hemothorax. The liver and spleen are particularly vulnerable to rupture, creating internal bleeding that may not manifest symptoms immediately. Abdominal injuries often require emergency laparotomy and can lead to complications like peritonitis or sepsis if not addressed quickly.

Pelvic Ring Disruptions

The pelvis frequently sustains devastating fractures in run over incidents, particularly when tires compress the hip area. These injuries can damage the bladder, urethra, or major blood vessels within the pelvic cavity. Open book fractures, where the pelvis separates at the pubic symphysis, create mechanical instability that makes walking impossible without surgical reconstruction. Recovery typically involves months of non-weight-bearing rehabilitation.

Facial and Cranial Crushing

When the head is caught beneath a tire, the skull may sustain depressed fractures or complete crushing. Orbital bones, jaw structures, and facial architecture can be permanently destroyed, requiring extensive reconstructive procedures. Beyond aesthetics, these injuries affect vision, breathing, eating, and speech—functions most people take for granted until they're compromised.

Road Rash and Degloving

As victims are dragged beneath vehicles, skin scrapes away against asphalt in what's clinically termed "road rash." Severe cases involve degloving, where skin and underlying tissue tear completely away from muscle or bone. These wounds have high infection risk and often require skin grafts, debridement, and plastic surgery over multiple procedures.

Psychological Aftermath

The trauma of being run over creates profound psychological wounds. Victims often develop PTSD, experiencing flashbacks, nightmares, and severe anxiety around traffic. Some are so traumatized that they are unable to cross streets or leave their homes. This psychological dimension deserves equal attention in injury claims, as mental health treatment and therapy can extend for years beyond physical recovery.

Legal representation becomes crucial in these cases because insurers often undervalue the full scope of crushing injuries, particularly delayed complications and psychological trauma that don't appear on initial medical bills. With the right insurance coverage, these claims can be so detrimental to an insurance company’s pocket, that adjusters will try to undermine the value to save the insurance company thousands, if not millions of dollars. Understanding these injuries is essential when building a legal case, as the litigation process requires thorough documentation of every consequence.

How to Litigate a Pedestrian Run Over Accident Case

Litigation may become necessary when settlement negotiations fail, the driver’s insurance company refuses to offer a compensatory settlement, or it refuses to tender the policy limits which could have adequately protected their insured. Taking a pedestrian run over accident case to court requires strategy, preparation, and a detailed understanding of personal injury law. Each stage plays a key role in assessing whether the victim secures fair compensation.

Here is what to generally expect in litigation:

Filing the Lawsuit

The litigation process formally begins when your attorney files a Complaint in civil court. This legal document pleads the cause of action, outlines the facts of the incident, your injuries, and the damages you seek. Any potential defendant named in the Complaint must then file an Answer, or response, to the Complaint.

Filing the Complaint promptly is critical because every state has a statute of limitations– a time limit for filing personal injury lawsuits. If the deadline passes, the court will dismiss the case regardless of its merits. A pedestrian accident lawyer ensures the claim is filed within the correct timeframe and includes every liable party.

Discovery Phase

Discovery is one of the most intensive parts of litigation. During this phase, both sides exchange information and evidence relevant to the case. The goal is to uncover facts that either prove negligence or limit liability. Discovery methods include:

• Written questions for the parties to answer under oath.
• In-person questioning of witnesses, police officers, or experts, recorded by a court reporter.
• Obtaining medical records, surveillance footage, maintenance logs, or cellphone data from the defendant.
• Medical specialists, accident reconstructionists, or economists may provide written opinions to explain complex evidence or project long-term financial loss.

For a pedestrian run over case, evidence might include vehicle impact data, traffic camera recordings, and testimony from biomechanical experts who can describe how the collision caused the specific injuries. This phase often determines the strength of your case before trial.

Settlement Negotiations and Mediation

Even during litigation, most cases settle before trial. Courts often require mediation or settlement conferences to encourage resolution without the need for trial. In mediation, a neutral third-party mediator facilitates discussions between the parties to reach a resolution.

Your attorney’s experience becomes particularly valuable here. Your attorney can use his/her expertise to calculate a reasonable settlement range that reflects both economic damages and non-economic losses. Your attorney should also be experienced in the art of negotiation. Mediation can result in faster compensation while avoiding the uncertainty and expense of a trial. Even if the case does not settle at the initial mediation and the parties reach an “impasse” they can continue settlement discussions or negotiate up until trial. Some cases even settle on the courthouse steps before trial. 

Motions and Pretrial Hearings

After discovery, both sides may launch motions to resolve legal issues before trial. These can include motions to exclude certain evidence or limit what is admissible at trial and for what purpose.

Pretrial hearings also give the judge an opportunity to encourage settlement discussions or clarify procedural matters. At this stage, an attorney evaluates the defense’s evidence and determines whether the case is strong enough to go before a jury or if a favorable settlement can still be negotiated.

Trial

If settlement talks fail, the case proceeds to trial. This stage involves presenting evidence, witness testimony, and legal arguments before a judge or jury (the trier of fact). Both sides aim to establish their version of events, where your pedestrian accident attorney will work to prove negligence including liability, causation, and damages. The defense will attempt to minimize your injuries and damages, challenge causation, or deny liability.

A typical pedestrian run over trial typically includes:

• The selection of a jury
• Opening statements
• Presentation of evidence from both sides
• Cross-examination of witnesses 
• Closing arguments
• Verdict

Trials can last from a few days to several weeks, depending on the complexity of the evidence and the number of witnesses. Your attorney will focus on humanizing your suffering and presenting the damages in a way that resonates with jurors.

Appeals and Post-Trial Motions

If the court’s verdict is unfavorable or the damages are lower than expected, your attorney may file an appeal. The appellate process examines whether any legal errors occurred during the trial that might have influenced the outcome. Appeals are usually limited to reviewing procedural or evidentiary issues rather than re-trying the case.

Alternatively, if the verdict is favorable but the defendant refuses to pay, the attorney can pursue enforcement actions such as garnishment or liens to secure payment.

Pursuing Damages in a Run Over Accident

If you were run over by a car, you have the right to seek financial compensation for what you’ve lost. These losses, known as damages, encompass both financial costs and personal harm. In simpler terms, here’s what you may seek to recover:

• Payment for hospital stays, doctor visits, surgeries, medications, therapy, and any future medical care you’ll need.
• Compensation for the income you missed while you were unable to work.
• If your injuries make it hard to do the same job or earn the same income as before, you may recover from that loss. This is called loss of earning capacity. 
• Money to compensate for physical pain and emotional distress caused by the accident.
• Compensation if the crash left you with a lasting injury, scarring, or loss of mobility, also referred to as “permanency.”
• Reimbursement for any personal items destroyed or damaged during the accident, such as a phone, glasses, or clothing.
• Payment for the ways your injuries have limited your ability to do what you once enjoyed, such as sports.

Each of these forms of compensation aims recover, rebuild, and move forward after such a devastating event. A pedestrian accident attorney will manage every phase of your case and seek all damages you may be entitled to. The goal is to secure compensation that truly reflects what you’ve endured and what you’ll continue to face in the future.

Seek Legal Support After Being Hit by a Car 

If you were struck by a car, the legal and financial impact can feel overwhelming. With every passing day, evidence becomes harder to secure, and your claim becomes more difficult to prove. The sooner you engage an attorney, the better your chances are in building a solid case. A personal injury lawyer in Coral Springs will review your case, explain your rights, and help you pursue full compensation for your losses under the law. Contact Cindy Goldstein Law at (954)346-5420 for a free and confidential consultation. Let us manage the legal battle so you can concentrate on recovery and rebuilding your life.

FAQs About Being Run Over and Your Right to Sue