Can You Sue Someone for Running You Over?

The short answer is yes, you absolutely can sue someone for running you over. If you have been hit by a car, truck, or any other vehicle, the law provides a clear path for you to seek justice and compensation for the immense harm you have suffered—and a personal injury lawyer can help you navigate that process and protect your claim.

Understanding your legal rights is not about retaliation or seeking a windfall. It is about protecting your future. It is about holding the responsible party accountable for their carelessness and ensuring you have the resources you need to rebuild your life. 

The Legal Foundation: Understanding Negligence

In the world of personal injury law, most cases involving vehicle accidents, including those involving pedestrians, are built on a legal concept called negligence. It’s a word you’ve likely heard, but its legal meaning is specific. Negligence doesn’t mean the driver intended to harm you; it means the driver failed to act with reasonable care and that failure directly caused your injuries; under this standard, you can sue for negligence to seek compensation.

To successfully bring a lawsuit, you and your legal team must prove four key elements. Think of them as the four legs of a table - each one is critical to support the case.

1. Duty of Care

Every single driver who gets behind the wheel of a vehicle automatically accepts a legal responsibility, or a "duty of care," to operate their vehicle safely and to be mindful of others on the road, especially vulnerable pedestrians. This duty includes:

• Obeying all traffic laws (speed limits, traffic signals, stop signs).
• Yielding the right-of-way to pedestrians in crosswalks.
• Paying attention to surroundings and not driving while distracted (e.g., texting, talking on the phone, adjusting the radio).
• Never driving under the influence of alcohol or drugs.
• Driving at a safe speed for the current conditions, even if it’s below the posted speed limit (e.g., in rain, fog, or heavy traffic).

This duty is the baseline expectation for any driver on the road.

2. Breach of Duty

This is the element where the driver’s actions are scrutinized. A breach of duty occurs when a driver fails to follow the duty of care. The driver did something a reasonably careful person would not have done, or failed to do something a reasonably careful person would have done.

Examples of a breach of duty include:

• Speeding through a residential neighborhood.
• Reading a text message and running a red light.
• Failing to stop for a pedestrian in a marked crosswalk.
• Driving while intoxicated.
• Making a turn without checking for people crossing the street.

3. Causation

This element connects the driver’s careless act directly to your injuries. You must be able to show that the driver’s breach of duty was the cause of the accident and the harm you suffered. In simpler terms, you have to prove that "but for" the driver’s action, you would not have been injured. 

For example, "but for the driver running the stop sign, I would have crossed the street safely and would not have a broken leg." It establishes a direct link between the bad act and the bad outcome.

4. Damages

Finally, you must demonstrate that you suffered actual harm, or "damages," as a result of the accident. These are not just about the dents in a car; they are about the profound impact on your life. This harm can be physical, emotional, and financial. Without demonstrable damages, there is no basis for a legal claim.

What Are "Damages"? Understanding the Compensation You Deserve

When we talk about suing for damages, we are talking about seeking financial compensation to cover the full spectrum of losses you have endured. The goal is to make you "whole" again, at least from a financial perspective, and to provide the resources necessary for your recovery. Damages are typically broken down into two main categories.

Economic Damages: The Tangible, Calculable Losses

These are the costs that have a clear price tag attached. They are the bills and financial losses that have piled up since the accident. Your legal team will meticulously gather every receipt, bill, and pay stub to calculate the full extent of these damages.

• Medical Expenses (Past and Future): This is often the largest component of a claim. It includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, medication, and doctor’s appointments. Crucially, it also includes the estimated cost of future medical care. If your injury will require ongoing physical therapy, future surgeries, lifelong medication, or in-home nursing care, those costs must be factored in.
• Lost Wages and Loss of Earning Capacity: If you were unable to work while recovering, you are entitled to compensation for the wages you lost. But what if your injuries are so severe that you can never return to your previous job? Or perhaps you can only work part-time? In that case, you can be compensated for your "loss of earning capacity"—the difference between what you would have earned over your lifetime and what you can now earn because of your disability.
• Rehabilitation Costs: This includes the costs of physical therapy, occupational therapy, vocational rehabilitation (to learn new job skills), and any psychological counseling needed to cope with the trauma.
• Modifications and Assistive Devices: This can include the cost of a wheelchair, crutches, a prosthetic limb, or modifications to your home or vehicle to accommodate your new physical reality, such as ramps or hand controls.

Non-Economic Damages: The Deeply Personal, Intangible Losses

These damages are harder to quantify with a calculator, but they are no less real. They represent the profound human cost of the accident—the pain, the trauma, and the ways your life has been irrevocably changed.

• Pain and Suffering: This compensates you for the actual physical pain, discomfort, and agony you have endured and may endure for the rest of your life.
• Emotional Distress and Mental Anguish: An accident can leave deep emotional scars, such as anxiety, depression, fear of crossing the street, post-traumatic stress disorder (PTSD), insomnia, and a general loss of security.
• Lost Enjoyment of Life: Perhaps you were an avid runner, a gardener, or you loved playing with your grandchildren. If your injuries prevent you from participating in the hobbies and activities that once brought you joy and fulfillment, you can be compensated for that loss.
• Disfigurement and Scarring: This provides compensation for the physical changes to your body, such as significant scars, burns, or the amputation of a limb, and the associated embarrassment and emotional pain.

A Note on Wrongful Death

In the most tragic cases, a pedestrian does not survive the accident. In these situations, the law allows certain surviving family members (such as a spouse, children, or parents) to file a wrongful death lawsuit. This type of claim seeks compensation for the losses the family has suffered due to their loved one's death. Damages in a wrongful death case can include:

• Funeral and burial expenses.
• Loss of the deceased’s expected income and financial support.
• Loss of companionship, comfort, guidance, and consortium.
• The value of household services the deceased used to provide.

It is a way to provide financial stability for a family whose world has been turned upside down and to hold the negligent driver accountable for their devastating actions.

Important Steps to Take After an Accident

In the confusing days and weeks following your accident, it can be difficult to know what to do next. While your top priority is your physical and emotional recovery, taking a few key steps now can be critical for protecting your rights and securing your future.

• Continue and Follow All Medical Advice: If you’re wondering what to do after an accident injury, start by following your doctor’s guidance closely. Seek prompt care, attend every follow-up appointment, and complete your physical therapy. Doing so supports your recovery and creates a clear, official record linking your injuries to the crash.
• Obtain a Copy of the Police Report: The official police report is a critical piece of evidence. It contains the driver’s information, witness statements, and the officer’s initial observations about how the accident occurred. You should obtain a copy of this report as soon as it is available.
• Document Everything You Can: Your memory and your records are invaluable.  Create a dedicated file to keep all related documents in one place, including medical bills, receipts for prescriptions and assistive devices, and any letters from insurance companies.
• Be Cautious with Insurance Companies: The at-fault driver’s insurance adjuster will likely contact you. They may sound concerned, but it is crucial to remember their job is to protect their company by paying out as little as possible. You are not required to give them a recorded statement. Do not sign any documents or accept any settlement offer without first speaking to an experienced attorney. An initial offer is almost always far less than what you are truly owed for the full scope of your damages.

Understanding Potential Complications

While your case may seem straightforward, defendants and their insurance companies often raise defenses to try to reduce their liability. It’s important to be aware of these potential hurdles.

• Comparative Fault: In states like Missouri and Illinois, the defense may argue that you were partially at fault for the accident. Under the rule of "comparative fault," if you are found to be partially responsible, your final compensation award can be reduced by your percentage of fault. An experienced attorney is crucial for fighting back against these claims and proving the driver was mostly or entirely at fault.
• Hit-and-Run Accidents: If the driver who hit you fled the scene, you may feel hopeless. But you may still have options. Your own auto insurance policy may provide coverage.
• Disputes Over Your Injuries: The defense will almost certainly try to downplay the severity of your injuries, by hiring doctors to argue that your condition isn't as bad as you claim or that it was caused by a pre-existing condition. This is why meticulous medical documentation and expert medical testimony are so vital.

Seeking Legal Support After Being Hit by a Car 

Being hit by a car is a life-altering trauma. Your focus should be on healing, not on bearing the additional burden of a legal battle with powerful insurance companies. This is a time to let an experienced team guide you.

For nearly 80 years, our team at Gray Ritter Graham has been standing with victims just like you. Our approach is built on four pillars:

1. Confidence from a history of success. 
2. Teamwork that makes you, the client, the most important member. 
3. Deep experience that includes past defense work, giving us a crucial edge.
4. Meticulous preparation for every single case.

You might be wondering how much it costs to hire a lawyer in these cases. We understand the immense financial strain an accident causes, which is why we work on a contingency fee basis. This means you owe no attorneys’ fees unless and until we obtain a recovery for you. There are no upfront costs to get the help you need.

Your recovery is a long road, but you don’t have to walk it by yourself. If you or a loved one has been injured, please contact us today at (314) 241-5620 or through our online form for a free consultation. Let us handle the legal fight, so you can focus on what truly matters: your health, your family, and your future.