What to Do If You Are Hit by a Car as a Pedestrian
Call 911 and accept medical care, even if you feel able to walk away. Get the driver's name, plate and insurance, find witnesses and cameras, and get a police report. The driver's liability insurance usually pays, and your own auto policy's PIP, medical payments or uninsured motorist coverage often covers you as a pedestrian too, even though you were not driving.
Pedestrians have no protection in a collision, so even low-speed crashes can cause fractures and head injuries. Here is how to protect your health and your claim.
At the scene
- Call 911 and let paramedics evaluate you.
- Get the driver's name, license, plate, vehicle description and insurance.
- Get witness names and phone numbers; ask nearby businesses and homes about cameras.
- Photograph the crosswalk, signals, lighting, the car and your injuries.
- Do not argue about fault or apologize.
Medical follow-up
Get examined promptly and keep every record. Concussions and internal injuries may not be obvious at first.
Who pays a pedestrian's injuries
| Source | Notes |
|---|---|
| Driver's liability insurance | Main source when the driver was at fault |
| Your own PIP | In no-fault states, often covers you as a pedestrian (Progressive) |
| Your MedPay | May cover you as a pedestrian in many policies |
| Your uninsured/underinsured motorist coverage | If the driver had no or too little insurance, or fled |
| A household member's auto policy | Can apply if you have no car |
| Health insurance | Pays bills; may seek repayment |
Fault questions
Drivers must exercise reasonable care and yield to pedestrians in crosswalks under state traffic laws. But insurers may argue that a pedestrian shares fault for crossing mid-block, against a signal, or while distracted. Under comparative negligence, your share of fault reduces your recovery, and in a few jurisdictions any fault can bar it (Cornell LII). Check your state's rule under state laws.
If the driver fled
Report to police right away and see what to do after a hit and run.
Getting help
Talk to a personal injury lawyer if you have serious injuries or the driver's insurer blames you. See also what to do after a bicycle accident.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.
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