Being hit by a car while walking is frightening and often causes serious injuries — broken bones, head injuries and long recoveries. Many people do not realize that, even without a car of their own in the crash, they may have several sources of compensation.
This guide explains how pedestrian accident claims usually work, who may be responsible and what you can do to protect your rights.
What usually causes a pedestrian accident?
Pedestrian crashes are commonly caused by drivers who fail to yield, are distracted or are speeding — especially at intersections and at night.
- Failure to yield at crosswalks. Drivers turning at intersections often fail to check for people crossing.
- Distracted driving. A driver looking at a phone may not see a pedestrian until it is too late.
- Speeding. Higher speeds make pedestrian injuries far more severe.
- Poor lighting and visibility. Many pedestrian crashes happen at night or in bad weather.
- Backing up. Driveways and parking lots are common places for drivers to back into people.
- Impaired driving. Drunk or drugged drivers are a serious danger to people on foot.
Who can be held liable for a pedestrian accident?
The driver is usually the main responsible party, but property owners and agencies can share responsibility.
- The driver. Their liability insurance is usually the main source of compensation.
- The driver's employer. If the driver was working, such as making a delivery.
- A property owner. Parking lot crashes can sometimes involve poor lighting or design.
- A government agency. Missing crosswalks, broken signals or poor lighting may be relevant, with short notice deadlines.
How fault is shared depends on your state. Most states reduce compensation by your share of fault, while a few bar recovery if you were even slightly at fault. Read how comparative fault works or find your state below.
What damages may be recoverable after a pedestrian accident?
Depending on the facts and your state's laws, a pedestrian accident claim may include the following kinds of losses. No one can promise an amount — every case is different.
- Medical bills. Emergency care, hospital stays, doctor visits, therapy, medication and — in some cases — future treatment.
- Lost wages. Income you missed while recovering, and possibly reduced ability to earn in the future.
- Pain and suffering. Physical pain, emotional distress and the impact on your daily life. Some no-fault states limit this unless injuries meet a threshold.
- Property damage. Repair or replacement of your vehicle and personal property damaged in the crash.
- Out-of-pocket costs. Travel to appointments, help at home, rental cars and similar expenses.
Pedestrian claims often involve serious injuries and long recoveries. In some states, your own auto policy's PIP or medical payments coverage may pay first, even though you were walking. Uninsured motorist coverage may help after a hit-and-run.
What evidence should I collect after a pedestrian accident?
The best evidence is gathered early — before memories fade and footage is deleted. If you can, collect or keep:
- Photos of the location, crosswalk, signals and lighting
- The driver's name, insurance and plate number
- The police report number
- Witness contact details
- Nearby cameras — businesses, buses or doorbell cameras
- Medical records and photos of injuries
How long do I have to file a pedestrian accident claim?
Pedestrian claims follow your state's statute of limitations for injuries. If a city bus or government vehicle was involved, notice deadlines can be just months, so act quickly.
See the state-by-state deadline overview or choose your state on the state laws page.
When should I talk to a lawyer about a pedestrian accident?
It's usually worth a free consultation if any of these apply to you:
- You were hit by any vehicle while walking or standing
- The driver left the scene
- The insurer says you were jaywalking or partly at fault
- You were injured in a parking lot or on private property
Many personal injury attorneys work on contingency, so a consultation usually costs nothing up front. Learn how contingency fees work.