Car Vs. Pedestrian Accident: What’s The Difference?

By Doug Standriff on August 3, 2025

Accidents happen every day on the roads, involving both vehicles and pedestrians. While some are classified as car accidents, others fall under pedestrian accidents.

What is the difference between the two? What determines how an accident is categorized, and what should you do if you find yourself involved in either?

This article will help you understand the key distinctions between car vs. pedestrian accidents and guide you through the steps to take in the aftermath. We will highlight the unique challenges and legal aspects of each.

Understanding how each type of incident is handled will help you determine what steps to take if you’re involved in one. Let’s analyze the details of these incidents and discuss what sets them apart.

What Is a Car Accident?

A car accident typically involves two or more vehicles colliding with each other or with another object, such as a tree, building, or guardrail. While these accidents are commonly associated with crashes on highways or busy city streets, they can happen anywhere and at any time. The causes can vary widely, including driver negligence, reckless driving, speeding, or even poor weather conditions.

In car accidents, both drivers and passengers are at risk of sustaining injuries. Common injuries range from whiplash and broken bones to traumatic brain injuries and spinal cord damage. Depending on the speed of the collision and the types of vehicles involved, the severity of injuries can vary significantly.

From a legal standpoint, car accidents often involve insurance companies and can lead to lawsuits if negligence or fault is determined. In many cases, determining liability in a car accident involves assessing factors like speed, road conditions, and whether the driver was following the rules of the road.

Bergen County’s top-rated car accident lawyers can help victims navigate the complexities of car accident claims, ensuring they get the compensation they deserve.

What Is a Pedestrian Accident?

In contrast, a pedestrian accident occurs when a pedestrian is struck by a motor vehicle. Unlike drivers who are protected by the structure of their cars, pedestrians have no such protection, which makes them more vulnerable to severe injuries.

These accidents can happen in crosswalks, at intersections, or even when pedestrians are walking along the side of the road. In these cases, the motorist may be at fault for failing to yield, speeding, or not paying attention to pedestrians.

Pedestrian accidents often result in life-threatening injuries. Due to the lack of protective barriers, pedestrians are at risk of broken bones, head injuries, spinal injuries, and in severe cases, death. The legal process for pedestrian accidents is similar to that of car accidents but may involve more factors, such as traffic laws specific to pedestrian rights.

Pedestrian accidents are especially tragic because they often occur when a pedestrian is following the rules. In these situations, it’s important to consult with a lawyer to understand your legal rights if the victim was killed or seriously injured due to driver negligence.

Key Differences Between Car and Pedestrian Accidents

When comparing auto vs. pedestrian accidents, several key differences emerge that make each case unique in terms of injury severity, legal considerations, and insurance claims.

Injury Severity

One of the biggest differences between car vs. pedestrian accidents lies in the severity of injuries. Pedestrians are far more vulnerable to catastrophic injuries than drivers or passengers in a car. While car occupants are protected by airbags, seat belts, and the vehicle’s structure, pedestrians have no such protection, making them much more likely to suffer life-threatening injuries.

Pedestrian injuries are often more severe. Fatalities are also much more likely in pedestrian accidents, especially when the pedestrian is struck at high speeds.

Legal Liability

In car accidents, determining liability often depends on factors such as who caused the crash, whether the driver was distracted or impaired, and whether traffic laws were followed. The driver’s insurance is typically responsible for covering damages and injuries, but lawsuits can arise if the driver’s negligence or recklessness was involved.

For pedestrian accidents, the driver is usually held responsible, especially if they fail to yield to a pedestrian in a crosswalk or drive recklessly. However, in some cases, the pedestrian may share partial fault, such as when jaywalking or crossing the street outside of a designated crosswalk.

Bergen Law specializes in personal injury cases, and if you or a loved one has been involved in a car or pedestrian accident, our team is here for you. We will help to determine fault, ensure proper compensation, and navigate the complex legal processes.

Insurance Claims

Another difference lies in how insurance companies handle the claims. In car accidents, insurance companies generally assess the damage to the vehicles and medical expenses for those involved.

When a pedestrian is struck, the victim may not have direct access to insurance coverage. Exceptions include situations where the driver’s policy covers pedestrians, or the pedestrian’s own insurance (e.g., health insurance or personal injury protection) comes into play.

Pedestrian accident victims often face more complex claims, especially when determining who is responsible for medical costs, lost wages, and pain and suffering. Legal assistance can help victims receive the proper compensation and support.

Evidence Collection

In a car accident, evidence can include vehicle damage, black box data, witness testimony, and traffic camera footage. For pedestrian accidents, evidence may focus more on driver behavior, witness testimony, and whether traffic laws were properly followed.

Legal Process in Car Vs. Pedestrian Accidents

The legal process for both car and pedestrian accidents involves several key steps, but there are distinct differences in how the cases proceed.

For car accidents, the legal process typically involves filing an insurance claim, gathering evidence, and possibly negotiating a settlement. If the case goes to court, the plaintiff (victim) will present evidence to prove the driver’s fault and seek compensation for damages. In some cases, punitive damages may also be awarded.

For pedestrian accidents, the process is similar but may involve more complexity due to the potential severity of the injuries. Insurance companies and legal teams will assess fault, and the case may involve additional considerations, such as whether the pedestrian was following the proper pedestrian laws.

Pursuing Claims in Car and Pedestrian Accidents

Car and pedestrian accidents are both serious incidents, but they come with distinct differences in terms of severity, legal processes, and compensation. Understanding these differences is crucial for navigating recovery and pursuing a claim.

If you’ve been involved in either type of accident in Bergen County, it is important to seek the right legal support. Contact us for the guidance you need to tackle the legal process and start building your case.