Being hit by a car while walking is terrifying, and the injuries can be serious. Afterwards, many people aren't sure what their rights are — especially if they don't own a car or weren't in a crosswalk. This guide explains how pedestrian claims usually work and what to do next.
Not medical advice — if you have an emergency, call 911. If you are hurt, see a doctor.
What should I do right after being hit?
Get help, then protect your evidence.
- Call 911. Get medical attention right away — pedestrian injuries can be more serious than they first seem.
- Stay where you are if you can't move safely. Wait for help.
- Get the driver's information — name, insurance, plate and vehicle description.
- Ask for the police report number.
- Get witness names and phone numbers.
- Take photos of the scene, crosswalk, signals, lighting and your injuries — or ask someone to take them.
- Look for cameras — businesses, buses and doorbell cameras often catch street crashes.
What are my rights as a pedestrian?
Drivers have a duty to watch for and yield to pedestrians, especially in crosswalks. In most states, drivers must yield to people in marked crosswalks and at many unmarked crossings at intersections. Drivers also must take care to avoid hitting pedestrians even when the pedestrian is not where they are supposed to be.
Pedestrians have duties too — such as following walk signals and not stepping suddenly into traffic. Rules vary by state and city.
Who pays for my injuries?
Several sources may apply.
- The driver's liability insurance — usually the main source in at-fault states.
- Your own PIP or MedPay — in no-fault states and some others, your auto policy can pay medical bills even though you were walking.
- A household member's policy — if you don't own a car, a relative you live with may have coverage that applies to you.
- Uninsured motorist coverage — if the driver had no insurance or fled the scene.
- Health insurance — can help with medical bills.
What if I wasn't in a crosswalk?
You may still have a claim. In most states, being partly at fault reduces your recovery rather than ending it. In a few strict contributory negligence states, it can be harder — though exceptions exist. Read what is comparative fault?
What if the driver drove away?
Report it to police immediately and tell your insurer. Uninsured motorist coverage — yours or a household member's — may help. See what to do after a hit-and-run.
What if a bus, city vehicle or company van hit me?
Act quickly. Claims against cities, transit agencies and other government bodies often require formal notice within months. If a delivery or company vehicle hit you, the employer may be responsible along with the driver. See our work vehicle accident page.
What injuries are common in pedestrian accidents?
Pedestrians have no protection, so injuries are often serious:
- Broken bones, especially legs, hips and arms
- Head and brain injuries
- Back, neck and spinal cord injuries
- Deep cuts, bruising and road rash
Follow your treatment plan and keep every record.
What evidence helps a pedestrian claim?
- The police report
- Photos of the location, crosswalk, signals and lighting
- Witness statements
- Video from nearby cameras
- Your medical records and bills
- Proof of missed work
When should I talk to a lawyer?
If you were injured, the driver fled, the insurer is blaming you or a government vehicle was involved. Pedestrian injuries are often serious and involve several possible sources of coverage. Learn more on our pedestrian accident claims page, or start a free case review.