Injured as a Pedestrian: What Are Your Legal Rights?

Being hit by a car as a pedestrian can change your life in seconds. Every year, nearly 6,000 pedestrians die in traffic crashes in the United States, with another 130,000 needing emergency medical care for non-fatal injuries. Pedestrians are 1.5 times more likely to die in a crash than vehicle occupants. These aren’t just numbers—they represent real people whose lives changed in an instant.

Pedestrians are especially at risk on the roads. Without the protection of a vehicle around them, they often suffer severe injuries when hit by cars, trucks, or motorcycles. A person walking has no match against a 4,000-pound vehicle, even at low speeds. This physical reality makes pedestrians among the most vulnerable road users.

If you or someone you love has been hurt as a pedestrian, you need to know your rights. Many injured pedestrians don’t realize they can seek compensation for their injuries, lost wages, and other damages. Others accept the first insurance offer they receive, which is often much less than what their case is worth.

This guide will take you through what you need to know after being hit by a vehicle. We’ll cover the laws that protect pedestrians, how to figure out who was at fault, what kinds of damages you can claim, and the steps to take to protect your rights. You’ll learn about insurance options that might be available to you and when it makes sense to get a lawyer to help with your case.

The road to recovery after a pedestrian accident is often long and difficult. Medical bills pile up while you may be unable to work. Insurance companies might try to blame you for the accident or offer far less than you need to cover your expenses. By understanding your legal rights, you’ll be better prepared to get the compensation you deserve and focus on what matters most—your recovery.

Pedestrian Laws and Right of Way

Pedestrian laws exist to keep people safe when walking near roadways. These laws vary by state but share common principles about when pedestrians have the right of way and when they must yield to vehicles.

In most states, drivers must yield to pedestrians in marked crosswalks. A marked crosswalk has visible white lines showing where people should cross. Even if the crosswalk doesn’t have a traffic signal, drivers must still stop for pedestrians who are crossing or about to cross.

Unmarked crosswalks exist too. These are legal crossings at intersections without painted lines. Many people don’t know that these invisible crosswalks give pedestrians the same rights as marked ones. At these crossings, drivers should still yield to pedestrians, though proving violations can be harder.

Pedestrians also have responsibilities. When signals exist, pedestrians must obey them. A “Walk” signal means it’s safe to cross, while a “Don’t Walk” signal or flashing hand means you shouldn’t start crossing. Jaywalking—crossing outside of crosswalks or against signals—is illegal in most places and can affect your right to compensation if you’re hit.

Outside of crosswalks, pedestrians generally must yield to vehicles. This doesn’t mean drivers can hit someone who crosses improperly. Drivers still have a duty to avoid hitting pedestrians they see, even if the pedestrian doesn’t have the right of way.

Many people think pedestrians always have the right of way in all situations. This isn’t true. The law gives pedestrians right of way in specific situations, but not everywhere. Another myth is that hitting a pedestrian automatically makes a driver liable. Fault depends on many factors, including whether both parties followed the law.

Sidewalks are generally meant only for pedestrians. Drivers must yield to pedestrians when crossing sidewalks, such as when entering or exiting driveways or parking lots. Drivers shouldn’t drive on sidewalks except in emergencies.

Special rules often apply in school zones, near playgrounds, and in residential areas. These places typically have lower speed limits and require extra caution from drivers because children may be present.

Knowing these laws helps in two ways. First, it helps you stay safe when walking. Second, if you’re hit, understanding whether the driver violated pedestrian laws strengthens your case for compensation.

Determining Fault in Pedestrian Accidents

When a car hits a pedestrian, figuring out who’s at fault is crucial for any legal claim. Fault in these cases centers on the concept of negligence—when someone fails to act with reasonable care, causing harm to another person.

Both drivers and pedestrians have responsibilities on the road. Drivers must watch for pedestrians, yield when required by law, and drive carefully. Pedestrians must use crosswalks when available, obey traffic signals, and not suddenly enter traffic. When either party fails in these duties, they may be considered negligent.

Most states use one of two systems to assign fault: comparative or contributory negligence. In comparative negligence states, fault is split by percentages. For example, if a pedestrian was jaywalking but the driver was speeding, a court might find the pedestrian 30% at fault and the driver 70% at fault. The pedestrian could still recover damages but would receive 30% less than the full amount.

In strict contributory negligence states (only a few have this rule), if the pedestrian is found even 1% at fault, they may be barred from recovering anything. Most states have moved away from this harsh rule.

Several common scenarios occur in pedestrian accidents. A pedestrian hit in a crosswalk with a “Walk” signal usually has a strong case against the driver. Conversely, a pedestrian who darts into traffic from between parked cars might bear most or all of the fault. When a driver is drunk, speeding, or texting, they’ll likely bear most or all of the fault even if the pedestrian made a minor error.

Evidence is key in establishing fault. This includes:

• Police reports documenting the scene and officer opinions on fault
• Witness statements from people who saw the accident
• Traffic camera or security camera footage
• Photos of the accident scene, including skid marks and property damage
• The pedestrian’s clothing (especially important in night accidents)
• Medical records showing injuries consistent with the claimed accident

Sometimes expert witnesses like accident reconstructionists are needed to analyze the evidence and form opinions about how the accident happened and who was at fault.

Insurance companies often try to blame pedestrians to reduce what they must pay. They might claim you weren’t paying attention or were outside the crosswalk. Having strong evidence and understanding fault rules in your state helps counter these tactics and supports your right to fair compensation.

Types of Damages Available to Injured Pedestrians

After being hit by a vehicle, pedestrians often face extensive physical, emotional, and financial hardships. The law allows injured pedestrians to seek various types of damages to address these impacts.

Medical expenses typically form the largest part of a pedestrian accident claim. These include emergency room visits, hospital stays, surgeries, doctor appointments, physical therapy, medications, medical equipment, and any other treatment needed for your injuries. Your claim should cover both current medical bills and the estimated cost of future medical care you’ll need.

Many pedestrians miss work while recovering, leading to lost wages. You can claim compensation for income you’ve already lost and for future earnings you’ll miss due to your injuries. If your injuries prevent you from returning to your previous job or working at all, you may claim damages for diminished earning capacity—the difference between what you could have earned without the injury and what you can earn now.

Pain and suffering damages compensate for the physical pain and discomfort caused by your injuries. These damages recognize that physical pain has real value beyond just the cost of treating it. The more severe and long-lasting your pain, the higher these damages typically are.

Emotional distress damages address the psychological impact of the accident and injuries. This can include anxiety, depression, sleep disturbances, post-traumatic stress disorder, and fear of crossing streets or being near traffic. Many pedestrians develop serious psychological symptoms after being hit, and these effects deserve compensation.

If your injuries caused permanent disability or disfigurement, additional compensation acknowledges the lifelong impact on your quality of life and self-image. Scars, limb loss, or permanent mobility issues change how you live and how others perceive you.

Rehabilitation costs cover therapies to regain functions or learn to adapt to permanent changes. This might include physical therapy, occupational therapy, speech therapy, or counseling. Adaptive equipment like wheelchairs, prosthetics, or home modifications may also fall under this category.

Out-of-pocket expenses can pile up too. These include transportation to medical appointments, parking fees at hospitals, home care services, childcare while you’re recovering, and special foods or supplements for your recovery.

In rare cases involving extreme negligence, punitive damages might be available. These aren’t meant to compensate you but to punish especially bad behavior by the driver, such as drunk driving or deliberately trying to hit you.

Documenting all these damages is essential. Keep all medical bills, receipts, pay stubs, and records of how your injuries affect your daily life. This documentation forms the foundation of your claim and helps ensure you receive fair compensation for all the ways the accident has impacted your life.

Insurance Coverage in Pedestrian Accidents

When you’re hit by a car while walking, several types of insurance may cover your injuries and losses. Knowing these options can help you get the money you need for recovery.

The driver’s liability insurance is typically the primary source of compensation. All states require drivers to carry liability insurance for injuries they cause to others. However, minimum coverage requirements vary by state, ranging from as low as $15,000 to $50,000 per person. If your injuries are serious, these minimums may not be enough to cover all your costs.

Many people don’t realize their own auto insurance might help even though they weren’t in a car. If you have auto insurance, your uninsured/underinsured motorist coverage can kick in if the driver who hit you has no insurance or not enough to cover your damages. This coverage can also help in hit-and-run cases when the driver can’t be identified.

Your health insurance will likely cover your immediate medical needs regardless of who was at fault. However, your health insurer may place a lien on any settlement you receive, meaning you’ll need to pay them back from your settlement for the medical bills they covered.

Medical payments coverage (often called “Med Pay”) or Personal Injury Protection (PIP) from your auto policy may also cover your medical bills, regardless of fault. These coverages follow you as a pedestrian and can help with immediate medical costs while liability is being determined.

Umbrella policies provide extra liability coverage beyond the limits of basic policies. If you have an umbrella policy, it might cover you as a pedestrian. If the driver who hit you has one, it could provide additional compensation beyond their auto policy limits.

What happens when there’s not enough insurance? If the driver lacks adequate insurance and your own policies don’t fill the gap, you might need to:

• Sue the driver personally (though collecting can be difficult if they lack assets)
• Look for other liable parties (such as the driver’s employer if they were working at the time)
• Check if road conditions contributed to the accident, potentially making a government entity liable
• Negotiate with medical providers to reduce bills
• Apply for government assistance programs

Insurance companies often try to minimize payouts. They might question the severity of your injuries, argue you were partially at fault, or make quick, low settlement offers before you know the full extent of your injuries. Having a lawyer who understands insurance coverage can help you identify all available sources of compensation and negotiate effectively with insurers.

Remember that insurers have teams of adjusters and lawyers working to protect their bottom line. Having someone equally knowledgeable on your side levels the playing field and increases your chances of receiving fair compensation.

Steps to Take After Being Hit as a Pedestrian

The actions you take immediately after being hit by a vehicle can significantly impact your health outcome and your ability to receive fair compensation. Here’s what you should do:

First, focus on safety and medical care. If possible, move to a safe location out of traffic. Call 911 or ask someone to call for you. Even if you think your injuries are minor, get checked by paramedics at the scene. Some serious injuries like internal bleeding or concussions may not show symptoms immediately. Always follow up with a doctor even if you’re released at the scene. Some injuries become apparent days later, and prompt medical attention creates records linking your injuries to the accident.

While at the scene, collect information if you’re able. Get the driver’s name, contact details, license plate number, and insurance information. If you can’t do this yourself due to injuries, ask a bystander to help or make sure police collect this information. Take photos of the accident scene, including the vehicle that hit you, your injuries, the road conditions, traffic signals, and any skid marks. Note the time of day, weather conditions, and visibility.

Ask witnesses what they saw and get their contact information. Witness testimony can be crucial, especially if the driver disputes what happened. Police don’t always interview all witnesses, so collecting these details yourself can make a big difference later.

When police arrive, give them a clear, factual account of what happened. Avoid speculating, guessing speeds, or admitting fault. Request a copy of the police report or write down the report number so you can get it later. Police reports contain valuable information and often include the officer’s opinion on who was at fault.

Keep all evidence related to the accident. This includes the clothes and shoes you were wearing (don’t wash them), any damaged personal items, and all medical records and bills. Start a journal documenting your injuries, pain levels, treatments, and how the injuries affect your daily life.

Notify your insurance company about the accident, but be careful what you say. Stick to the basic facts. Don’t give recorded statements to the driver’s insurance company without legal advice. Insurance adjusters are trained to ask questions that may hurt your claim.

See your doctor as recommended and follow their treatment plan. Attend all appointments and therapy sessions. Gaps in treatment can be used by insurance companies to claim your injuries aren’t serious or weren’t caused by the accident.

Consider consulting a personal injury attorney before speaking with insurance companies or accepting any settlement offers. Most offer free consultations and work on contingency fees, meaning they only get paid if you receive compensation. An attorney can help ensure you don’t miss important deadlines and that your rights are protected throughout the claims process.

Filing a Personal Injury Claim

Filing a personal injury claim after being hit as a pedestrian involves several important steps and considerations. Timing is critical—each state has a statute of limitations for personal injury claims, typically ranging from one to six years from the date of the accident. Missing this deadline usually means losing your right to seek compensation forever. Some special cases, like claims against government entities, may have much shorter deadlines, sometimes as little as 60 or 90 days to file a notice of claim.

The claims process typically begins with a claim to the driver’s insurance company. This starts with a notification that you intend to file a claim. Later, once you understand the full extent of your injuries and damages, you’ll submit a formal demand letter outlining the accident, your injuries, and the compensation you’re seeking.

Documentation is the backbone of any successful claim. You’ll need to gather and organize:

• The police report
• All medical records related to your injuries
• Medical bills and receipts
• Proof of lost wages (pay stubs, tax returns, letter from employer)
• Photos of injuries and the accident scene
• Witness statements
• Expert opinions if applicable
• Your personal journal documenting recovery
• Receipts for out-of-pocket expenses

After filing your claim, you’ll likely deal with an insurance adjuster assigned to your case. Their job is to investigate the claim and, frankly, to pay you as little as possible. They may ask for recorded statements, request independent medical examinations, or question the necessity of your treatment. Be careful in these interactions—statements you make can be used to devalue or deny your claim.

Settlement negotiations usually begin once you’ve completed most of your medical treatment or reached “maximum medical improvement”—the point at which your condition isn’t expected to improve significantly with further treatment. The insurance company will typically make an initial offer that’s lower than your claim’s value. This begins a back-and-forth negotiation process.

If the insurance company denies your claim or refuses to offer a fair settlement, you may need to file a lawsuit. Filing a lawsuit doesn’t mean your case will definitely go to trial—many cases settle during the litigation process—but it shows the insurance company you’re serious about pursuing fair compensation.

Throughout this process, insurance companies use various tactics to minimize payments. They might blame you for the accident, question the severity of your injuries, claim your injuries existed before the accident, or simply delay the process hoping you’ll accept less out of frustration or financial need.

Having all your documentation organized and ready to counter these tactics is essential. Many people find that hiring an attorney significantly increases their settlement amount, even after paying the attorney’s fees, because attorneys know how to properly value claims and counter insurance company tactics.

VWorking with a Personal Injury Attorney

Hiring a personal injury attorney after a pedestrian accident can make a huge difference in the outcome of your case. Studies show that accident victims with legal representation typically receive settlements 3-4 times larger than those without, even after attorney fees are paid.

An attorney brings several key benefits to your case. They understand the true value of your claim based on experience with similar cases. They know the law and can identify all potential sources of compensation. They handle communications with insurance companies, sparing you the stress and preventing you from making statements that could hurt your case. And they prepare your case as if it will go to trial, which often leads to better settlement offers.

Not every pedestrian accident case requires an attorney. For very minor injuries with clear fault and quick recovery, you might handle the claim yourself. But if your injuries required more than minimal medical treatment, caused you to miss work, or may have long-term effects, consulting with an attorney is wise.

When looking for a pedestrian accident attorney, seek someone with specific experience in pedestrian cases, not just any personal injury lawyer. Ask about their track record with cases similar to yours and their trial experience. While most cases settle, an attorney willing and able to go to trial will be taken more seriously during negotiations.

A good attorney strengthens your claim in numerous ways. They can send investigators to the accident scene to gather evidence that might otherwise be lost. They can locate and interview witnesses. They work with medical experts to document the full extent of your injuries and future needs. They can obtain video footage from traffic or security cameras before it’s deleted. And they can calculate the full value of your damages, including future medical expenses and non-economic damages like pain and suffering that you might overlook.

Remember that insurance companies have teams of lawyers protecting their interests. Having a skilled attorney on your side levels the playing field and helps ensure you receive the full compensation you deserve for your injuries.

Settlement vs. Trial

Most pedestrian accident cases end in settlement rather than trial, but understanding both options helps you make informed decisions about your case. Each path has distinct advantages and drawbacks.

Settling your case means reaching an agreement with the insurance company without going to court. Settlements offer several advantages: they’re faster than trials, typically resolving in months rather than years; they’re more predictable since you know exactly what you’ll receive; they’re less stressful without courtroom testimony and cross-examination; and they’re private, keeping your medical and financial details confidential. Settlements also cost less to pursue, with fewer legal expenses deducted from your compensation.

However, settlements often result in less money than a successful trial verdict. Insurance companies rarely offer the maximum possible compensation during settlement negotiations. You also lose the chance for public accountability that might come with a trial verdict against a negligent driver.

Trials become necessary when settlement offers are unfair or when insurance companies deny liability. A trial gives you the chance to have your full case heard by a jury of your peers. Successful verdicts can result in significantly higher compensation than settlements, especially for serious injuries. Trials also create public records of negligence that might help prevent similar incidents in the future.

The downsides of trials are substantial. They’re time-consuming, often taking 1-3 years to reach conclusion. They’re unpredictable—juries can be sympathetic or skeptical, and no outcome is guaranteed. Trials are emotionally draining, requiring you to relive the accident and undergo questioning about your injuries. They’re also expensive, with costs for expert witnesses, exhibits, court reporters, and more that may be deducted from your award.

Several factors influence settlement amounts and trial verdicts. Clear liability strengthens your position, while disputed fault weakens it. The severity and permanence of injuries directly impact compensation—more serious injuries warrant larger settlements. Strong evidence supporting your claims, including medical documentation, expert testimony, and accident reconstruction, increases the value of your case. Your attorney’s negotiation skills and trial experience also play major roles in the outcome.

The timeline for resolution varies greatly between the two options. Settlement negotiations typically begin after you’ve reached maximum medical improvement or your long-term prognosis is clear. Initial offers might come 3-6 months after your accident, with negotiations lasting another 1-6 months. Trials, by contrast, may not even begin until 1-2 years after filing a lawsuit, with appeals potentially extending the process by years.

Most cases settle before trial—often more than 90% in many jurisdictions. Even after filing a lawsuit, settlement remains possible right up until the verdict. Some cases settle during trial or even during jury deliberations.

Your attorney should provide guidance about whether to settle or proceed to trial based on the specific facts of your case, but the final decision is always yours. They should explain the likely range of outcomes for both options, allowing you to make an informed choice based on your priorities, risk tolerance, and need for timely resolution.

Conclusion

Being hit by a vehicle as a pedestrian can be a life-altering experience, but knowing your legal rights helps you navigate the aftermath and secure the compensation you need to rebuild your life. Throughout this guide, we’ve covered the essential aspects of pedestrian accident claims to empower you in this difficult situation.

Remember these key points as you move forward: Pedestrian laws vary by state but generally give people on foot the right of way in crosswalks and at intersections. Both drivers and pedestrians have responsibilities, and fault in an accident depends on whether each party followed these rules. The evidence you gather immediately after the accident—photos, witness statements, and police reports—can make a critical difference in establishing who was at fault.

The compensation available to injured pedestrians goes beyond just medical bills. You can claim lost wages, pain and suffering, emotional distress, and costs for future care needs. Multiple insurance policies might cover your injuries, including the driver’s liability insurance, your own auto and health insurance, and possibly umbrella policies.

Acting quickly after an accident protects both your health and your legal rights. Seek medical attention immediately, document everything related to the accident and your injuries, and be careful when communicating with insurance companies. Consider consulting with a personal injury attorney before accepting any settlement offers, especially for serious injuries.

Most cases settle without going to trial, but the settlement process requires careful negotiation to ensure fair compensation. Working with an experienced pedestrian accident attorney typically results in significantly higher settlements, even after their fees are paid.

As you recover, consider joining advocacy efforts to improve pedestrian safety in your community. Your experience can help prevent others from suffering similar injuries by highlighting dangerous conditions or practices that need correction.

The legal process after a pedestrian accident can seem overwhelming, but breaking it down into manageable steps makes it less daunting. Focus first on your medical recovery, then on building your legal case with appropriate help. Most importantly, don’t rush to settle your claim before understanding the full extent of your injuries and their long-term impact on your life.

If you’ve been injured as a pedestrian, you have legal rights and options for recovery. By understanding these rights and taking the appropriate steps to protect them, you can focus on what matters most—healing from your injuries and moving forward with your life.