Hit by a Car as a Pedestrian? Know Your Rights and Next Steps

Pedestrian Accidents Are More Common and More Devastating Than You Think

Being hit by a car as a pedestrian is a terrifying and often life-changing experience. Unlike vehicle occupants who have airbags, seatbelts, and the structural protection of their car, pedestrians have no protection from the force of impact. The result is that pedestrian accidents frequently cause catastrophic injuries, long-term disability, and tragically, death.

If you or a loved one has been struck by a vehicle while walking, jogging, crossing the street, or simply standing on a sidewalk, understanding your rights and the legal process is essential to securing the compensation you need for recovery.

Understanding Right of Way Laws for Pedestrians

Right of way rules establish who has the legal right to proceed in a given traffic situation. While these laws vary by state and municipality, several general principles apply across the country.

Crosswalks and Intersections

Pedestrians generally have the right of way when crossing at marked crosswalks, whether or not the crosswalk has a signal. Drivers are legally required to yield to pedestrians in crosswalks and to exercise due care to avoid hitting pedestrians. Even at unmarked crosswalks, which exist at most intersections by default, pedestrians typically have the right of way.

Outside of Crosswalks

When pedestrians cross outside of a crosswalk, known as jaywalking, they may be required to yield to vehicle traffic. However, this does not mean drivers are free to hit them. Drivers always have a duty to exercise reasonable care to avoid hitting pedestrians, regardless of where the pedestrian is walking.

Sidewalks and Parking Lots

Pedestrians on sidewalks, in parking lots, and in other designated pedestrian areas have clear right of way over vehicles. Drivers entering or exiting driveways, pulling out of parking spaces, or making turns must yield to pedestrians in these areas.

How Driver Liability Works in Pedestrian Accidents

In the vast majority of pedestrian accidents, the driver bears significant or total liability. Several legal principles support this.

The Duty of Care

Every driver has a legal duty to operate their vehicle safely and to watch for pedestrians. This duty is heightened in areas where pedestrians are likely to be present, such as school zones, residential neighborhoods, shopping areas, and near crosswalks and intersections.

Common Driver Negligence in Pedestrian Accidents

Drivers are frequently found liable for pedestrian accidents due to distracted driving, especially texting or phone use, failing to yield at crosswalks, speeding in pedestrian areas, running red lights or stop signs, failing to check for pedestrians when turning, driving under the influence, and failing to stop for school buses.

When the Pedestrian May Share Fault

While drivers bear the primary duty of care, pedestrians can be found partially at fault in some situations. Jaywalking in a dangerous location, walking while intoxicated, darting into traffic unexpectedly, or wearing dark clothing at night without reflective gear could contribute to a finding of shared fault.

However, even when a pedestrian shares some fault, they can still recover compensation in most states. The amount may be reduced based on their percentage of fault under [comparative fault rules](/blog/understanding-comparative-fault-car-accidents), but they are not barred from recovery unless their fault exceeds the threshold set by state law.

Catastrophic Injuries Common in Pedestrian Accidents

The human body is no match for a vehicle weighing thousands of pounds. Pedestrian accident injuries tend to be severe and often include multiple injury types.

Traumatic Brain Injuries

Head injuries are the leading cause of death and long-term disability in pedestrian accidents. Even when a pedestrian survives, traumatic brain injuries can cause permanent cognitive impairment, personality changes, memory loss, and the inability to work or live independently.

Broken Bones and Fractures

The initial impact often strikes pedestrians in the legs, causing fractures to the tibia, fibula, femur, and pelvis. Secondary impacts when the pedestrian hits the vehicle hood or windshield, and then the ground, cause additional fractures to the arms, wrists, ribs, and spine.

Spinal Cord Injuries

The violent forces involved in pedestrian accidents can damage the spinal cord, potentially causing partial or complete paralysis. These injuries require lifelong medical care and dramatically alter the victim's quality of life and ability to earn a living.

Internal Organ Damage

Blunt force trauma from vehicle impact can cause internal bleeding, organ lacerations, and other life-threatening internal injuries that may not be immediately apparent. This is why seeking emergency medical care immediately after a pedestrian accident is non-negotiable.

Soft Tissue Injuries

Ligament tears, tendon damage, severe contusions, and deep lacerations are common in pedestrian accidents. While sometimes dismissed as minor, these injuries can require extensive treatment and cause lasting pain and limitations.

Hit and Run Pedestrian Accidents

Hit and run accidents are particularly devastating for pedestrians. The driver flees the scene, leaving the injured pedestrian without immediate help and without the driver's information for an insurance claim.

What to Do After a Hit and Run

If you are conscious after a hit and run, try to remember any details about the vehicle such as make, model, color, license plate, or any distinguishing features. Ask witnesses if they saw the vehicle or got any identifying information. Call 911 immediately to get both medical help and police on scene.

Pursuing Compensation After a Hit and Run

Even if the driver is never identified, you may have options for compensation. Your own uninsured motorist coverage can cover injuries caused by a hit and run driver. Crime victim compensation programs in your state may provide additional assistance. If the driver is eventually identified, you can pursue a claim against their insurance.

Steps to Take After Being Hit by a Car

The steps you take immediately after a pedestrian accident are critical to both your health and your legal claim.

9. **Contact a pedestrian accident attorney** before speaking with any insurance company

These steps align with the general post-accident guidance in our comprehensive guide on [what to do after an accident](/blog/what-to-do-after-car-accident), with additional considerations specific to pedestrian injuries.

Compensation Available to Pedestrian Accident Victims

Pedestrian accident victims are entitled to compensation for all damages resulting from the accident. Because injuries are typically severe, these claims often involve substantial compensation.

Economic Damages

Emergency medical care and hospitalization, surgery and rehabilitation costs, future medical expenses and ongoing care, lost wages during recovery, reduced earning capacity if injuries are permanent, assistive devices like wheelchairs and mobility aids, and home modification costs if needed.

Non-Economic Damages

Physical pain and suffering, emotional and psychological trauma, loss of enjoyment of life, permanent disability or disfigurement, loss of consortium for spouses, and anxiety and fear of walking near traffic.

To understand how these damages factor into your claim value, read our guide on [how much your accident claim is worth](/blog/how-much-is-my-car-accident-claim-worth).

Get the Legal Help You Need Now

Pedestrian accident claims often involve severe injuries, complex liability questions, and significant compensation. Insurance companies know the stakes are high and will fight hard to minimize what they pay. You need an experienced attorney who will fight equally hard for your rights.

[Get your free case review today](/#free-review) to speak with a pedestrian accident attorney who can evaluate your case, explain your legal options, and help you pursue the full compensation you deserve for your injuries.