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Pedestrian Accident Help:
Your Rights and How to Get Help

Being hit by a car on foot leaves you with none of the protection a vehicle gives, and the injuries are often severe. On top of that, the driver’s insurer will usually try to argue you stepped out or were not in a crosswalk. This guide covers who actually pays, how fault and crosswalk law really work, and how to reach an attorney who handles pedestrian cases. Easy Accident Help is free to use and is not a law firm.

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Overview

What a Pedestrian Accident Claim Involves

A pedestrian accident claim is a request for payment for your injuries after being hit by a vehicle while on foot. The first question people ask is who pays, since you had no car of your own in the crash. In most cases the claim goes against the driver who hit you and their insurance. In no-fault states like New York, the car’s own no-fault coverage usually pays your first medical bills no matter who was at fault. And if the driver fled or had no insurance, your own auto policy may still cover you as a pedestrian. The other thing that defines these cases is the blame-shift. Insurers lean on the idea that you stepped out suddenly or crossed outside a crosswalk, so proving what happened is central.

What a pedestrian accident claim involves

Crash happens

Evidence is preserved

Fault and coverage are worked out

Insurers review

Settlement or lawsuit

Worth knowing

You do not have to work out who pays today. A free review tells you whether you have a claim worth pursuing and which coverage applies, and talking to an attorney does not commit you to hiring one.

Scenarios

What Counts as a Pedestrian Accident Claim

Most pedestrian crashes come down to a driver who failed to yield or did not see the person on foot. These are the ones that come up most.

Crosswalk crashes

A driver hits someone crossing in a marked or unmarked crosswalk. Drivers are generally required to yield, so fault usually sits with the driver.

Turning vehicle crashes

A car turning left or right strikes a pedestrian crossing with the signal. The turning driver is expected to watch for people in the crosswalk.

Parking lot and backup crashes

Low-speed but common, especially when a driver reverses without checking. These still cause serious injury.

Bus stop and roadside crashes

People hit while waiting, boarding, or walking along a road with no sidewalk.

Distracted and impaired driving

A driver on a phone or under the influence who never saw the person in time. Evidence from the scene often shows this.

Hit-and-run

Pedestrian hit-and-runs are sadly common. Even if the driver fled, your own uninsured motorist coverage may provide a path to a claim.

Crossing outside a crosswalk does not automatically end your claim. Drivers still have a duty to watch for people on the road, and fault is rarely all on one side.
Common Pedestrian Accident Injuries

Injuries

Common Pedestrian Accident Injuries

With nothing between you and the vehicle, pedestrian injuries are among the most serious on the road. Get checked even if you think you are okay.

Traumatic brain injuries

A fall to the pavement after impact can cause a serious head injury even at low speed, and symptoms can appear over the following days.

Spinal cord injuries and paralysis

The force of a vehicle strike can damage the spine and cause partial or permanent loss of movement.

Broken bones, legs and pelvis

Pedestrians are often struck at leg height, so fractures to the legs, hips and pelvis are very common and slow to heal.

Internal injuries.

Impact with the vehicle or the ground can cause internal bleeding and organ damage that is dangerous to miss.

Cuts, road injuries and scarring

Being thrown or dragged can cause deep wounds and lasting scars that may need surgery.

Wrongful death

Pedestrian crashes have a high fatality rate. If you lost a family member, a wrongful death claim may cover funeral costs and the support they provided.

Liability

Who Is at Fault in a Pedestrian Accident

Fault usually turns on right of way and who had the duty to yield. The driver is responsible far more often than the blame-shift suggests.

The driver

Failing to yield at a crosswalk, turning without looking, speeding, running a light, or driving distracted or impaired. This causes most pedestrian crashes.

A government body

A broken crossing signal, a missing crosswalk, poor lighting or an unsafe intersection can make a city or agency partly responsible. These claims have shorter deadlines.

A driver who fled or had no insurance

If the driver is unknown or uninsured, your own auto policy's uninsured motorist coverage may step in, even though you were on foot.

What If You Were Partly at Fault?

You may still have a claim. Insurers often argue a pedestrian was jaywalking or stepped out, but partial fault rarely ends a case. In most states your recovery is just reduced by your share of the blame, while a few are stricter. Your state page has the rule that applies to you, and an attorney can tell you how it affects a pedestrian case.

Compensation

Pedestrian Accident Compensation: What You Can Claim

Pedestrian injuries are often severe, so these claims can be significant, and more than one source of coverage may apply. What you can claim depends on your injuries, your state and the insurance available.

Medical bills, now and later

Emergency care, surgery, rehab and the long-term treatment serious pedestrian injuries often need.

Lost wages and lost earning capacity

Time off while you recover, plus the hit if a lasting injury keeps you from the work you did before.

Pain and suffering

The physical pain and the effect on daily life, which tend to be significant in pedestrian cases.

Long-term and in-home care

For permanent injuries, the cost of ongoing care and home adjustments can be a major part of the claim.

Personal property

Phones, glasses, clothing and anything else damaged when you were hit.

Wrongful death costs.

If you lost a family member, funeral and burial costs plus the loss of the income and support they provided.

Who pays can involve the driver’s liability insurance, the car’s no-fault coverage in states like New York, or your own uninsured motorist coverage in a hit-and-run. No page can tell you what your claim is worth before seeing the details.

First steps

What to Do After a Pedestrian Accident

After being hit as a pedestrian, the first steps protect both your health and your claim, because the driver’s insurer will look for any reason to blame you.

Get medical help right away

Pedestrian injuries are serious and some, like head and internal injuries, are not obvious at first. Prompt records also tie your injuries to the crash.

Call the police and get the report

Make sure your account is recorded. Do not let the only version of events be the driver's.

Get the driver and witness details

The driver's name, insurance, plate and contact details, and the number of anyone who saw it. If the driver fled, note anything you can about the vehicle.

Photograph the scene

The crossing, signals, skid marks, where you were hit, the vehicle and your injuries as they develop.

Do not admit fault or say you are fine

Even saying you were okay or that it was your fault can be used against you later. Keep it factual.

Check what coverage applies

In a no-fault state the car's coverage may pay your first bills, and if the driver fled your own auto policy may help. An attorney can sort out which applies.

Go slow with the insurer

The driver's insurer may call quickly and push the idea you were at fault. You are not required to give a recorded statement, and most people talk to an attorney first.

Ready when you are

Speak With an Attorney About Your Pedestrian Accident

Find out in about two minutes whether you qualify to be matched with an attorney in your state who handles pedestrian cases. It is free, there is no obligation and you only pay if they win.
How Easy Accident Help works

How it works

How Easy Accident Help Works

Easy Accident Help is a free service that matches people hurt in pedestrian accidents with independent personal injury attorneys. You answer a few quick questions, we look for an attorney licensed in your state whose practice covers pedestrian cases, then we pass your details to them and they reach out. We are not a law firm and we do not give legal advice. The attorney you talk to does, and you decide whether to hire them.

To be clear

Easy Accident Help is not a law firm and not a lawyer referral service. We do not give legal advice and we do not represent you. Any attorney-client relationship is between you and the attorney we connect you with.

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Coverage

Find Pedestrian Accident Help by State

We connect people with pedestrian accident attorneys across the country. Start with your state below.

Popular cities for car accident help

We help with pedestrian accidents everywhere, not only in the cities listed here.

Coverage

Find Pedestrian Accident Help by State

We connect people with pedestrian accident attorneys across the country. Start with your state below.

Popular cities for car accident help

We help with pedestrian accidents everywhere, not only in the cities listed here.

Coverage

Find Pedestrian Accident Help by State

We connect people with pedestrian accident attorneys across the country. Start with your state below.

Popular cities for car accident help

We help with pedestrian accidents everywhere, not only in the cities listed here.

Common questions

Common Pedestrian Accident Questions

Who pays if I was hit by a car as a pedestrian?

Usually the driver who hit you and their insurance. In no-fault states like New York, the car’s own no-fault coverage often pays your first medical bills regardless of fault. If the driver fled or had no insurance, your own auto policy may still cover you.
You may still have a claim. Crossing outside a crosswalk can affect how fault is shared, but drivers still have a duty to watch for people on the road. How much it matters depends on your state.
Pedestrian hit-and-runs are common. If you have auto insurance, your uninsured motorist coverage may provide a path to a claim even though you were on foot. An attorney can check what applies.
Get medical help, make sure your account is in the police report, get the driver and witness details, photograph the scene, and avoid admitting fault or giving the insurer a recorded statement before talking to an attorney.
It depends on your state, often two to three years from the crash, and shorter if a government body was involved. Your state page has the deadline that applies to you.
No. We are a free service that matches people with independent personal injury attorneys. We do not give legal advice. The attorney you are matched with does.

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