30 Oct Can You Sue Someone for Running You Over?

Pedestrians have no physical protection against moving cars, trucks, or motorcycles, and the consequences are frequently severe. Many victims are left wondering what their options are. Pedestrian accidents fall under personal injury claims, usually based on the driver’s negligence or reckless behavior, which means you have legal options. However, succeeding in such a claim depends on several legal and factual elements, including fault determination, insurance coverage, and the scope 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 complimentary consultation.

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Key Takeaways about Suing Someone for Running You Over

• Pedestrians can initiate a personal injury lawsuit against a driver who 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 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, usually 1–3 years.
• Most pedestrian accident claims settle before trial, but some require litigation to pursue compensation.
• A lawyer can help injured pedestrians pursue compensation that reflects the full scope of their damages. 

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 become 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. 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 or the driver’s insurance company refuses to offer a fair resolution. 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 how litigation usually unfolds and the options available to pursue justice:

Filing the Lawsuit

The litigation process formally begins when your lawyer files a complaint in civil court. This legal document outlines your injuries, the facts of the incident, and the damages you seek. The defendant, usually the driver or their insurer, must then file a response, either admitting or denying the allegations.

Filing promptly is critical because every state has a statute of limitations, a time limit for bringing 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.

Motions and Pretrial Hearings

After discovery, both sides may launch motions to resolve legal issues before trial. These can include motions such as motions to exclude certain evidence. For instance, a defendant may argue that the pedestrian was partially at fault for crossing outside a crosswalk. Your attorney’s job is to counter these efforts by clearly highlighting the driver’s negligence.

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.

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 to go to trial. Mediation is about a neutral third-party mediator who facilitates discussions between the parties to arrive at a resolution.

Your attorney’s experience becomes particularly valuable here. They can calculate a settlement range that reflects both economic damages and non-economic losses. Mediation can result in faster compensation while avoiding the uncertainty and expense of a trial.

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. Both sides aim to establish their version of events, where your pedestrian accident attorney will prove negligence and damages, and the defense will attempt to minimize or deny liability.

A typical pedestrian run over trial includes:

• Opening statements
• Presentation of evidence
• Cross-examination
• 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.

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 stronger your position becomes.

 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

Can I sue a driver who ran over me, even if they didn’t mean to?

Intent is not required in most pedestrian accident claims. If the driver acted carelessly, such as speeding, failing to yield, or being distracted, you can file a personal injury lawsuit for negligence. Civil liability focuses on whether the driver’s conduct fell below a standard of care, not whether the harm was intentional.

How long do I have to file a lawsuit after being run over?

The time limit to initiate a pedestrian accident claim depends on the laws of the state where you live. In many states, you generally have to file between one and three years from the date of the accident. However, filing sooner is advisable, as key evidence and witness memories can fade quickly. A lawyer can confirm the exact deadline that applies to your case.

What if the insurance company denies or undervalues my claim?

Insurance adjusters sometimes minimize payouts or challenge liability. When this happens, an attorney can appeal the decision, present additional medical and financial evidence, and negotiate a fair settlement. If the insurer still refuses to pay what’s reasonable, your pedestrian accident lawyer can escalate the matter to court to protect your rights.

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