Pedestrian hit by a car: who pays and what to do next

Last checked November 8, 2026

If you were hit by a car while walking or biking, get medical care first. Then report it to police and get the driver's insurance. The driver who caused it usually pays. PIP or no-fault auto coverage may also help, even though you were not driving.¹² Crossing outside a crosswalk does not always end your claim.

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If you were hit by a car as a pedestrian

NHTSA counted 7,080 pedestrians killed and more than 71,000 injured in 2024.³ That is one death about every 74 minutes.⁴ CDC estimated 140,000 emergency room visits for pedestrian crash injuries in 2022.⁵ Speed makes things worse. Higher speeds raise both the chance of being hit and how bad the injury is.⁶

If this just happened to you or someone in your family, a head injury or internal bleeding may not show right away. Go in and get checked, even if you walked away.

What should I do after a pedestrian accident?

Call 911. Do not let a driver talk you out of calling police.
If you can, get the driver's name, plate, insurance and phone number. Take a photo of the car.
Stay in the ER or clinic until they finish checking you. Tell them about every place that hurts.
Ask a friend to go back and photograph the crosswalk, the signal, lighting and any blocked view.
Get names of witnesses, and ask nearby stores and homes to save video.
Keep your shoes and clothes as they are. They show where and how you were hit.

Who pays when a pedestrian is hit by a car?

Start with the driver's liability insurance. It pays for the harm that driver caused, up to the limit. But many people also have more options than they think.

Source	When it helps
Driver's liability insurance	When the driver was at fault
PIP or no-fault coverage	In some states it covers pedestrians. Washington PIP can cover pedestrians in an accident.¹ In New York, a pedestrian files with the insurer of the car that struck them.²
Your own or a relative's auto policy	Medical payments or uninsured motorist coverage may apply even though you were walking. In New York, if the vehicle is unknown or uninsured, you may claim with a household relative's insurer.⁷
Your health insurance	Pays care but may ask to be paid back
A city, county or state	If a broken signal or dangerous road design played a part. These claims have short deadlines.

Can a pedestrian sue if hit by a car and partly at fault?

Yes, in many states, though your own share of fault can lower the claim. Drivers are expected to watch for people. Pedestrians are also expected to follow signals and crossing rules. NHTSA describes common crash types, including a car that fails to yield to someone already in a crosswalk⁸ and a person who walks into the road mid-block.⁹

Crossing with the signal, in a crosswalk: the driver is often found at fault.
Crossing mid-block or against the light: the driver may still share the blame if speeding, distracted or not watching.
Children: many states hold young children to a lower standard, so an insurer's claim of fault may not work the same way.
A few states can bar a claim if you share any blame, so check your state before you give up.

What about a bicycle or e-bike accident?

Cyclists face the same risks with even more speed. NHTSA reports 1,103 bicyclists were killed in traffic crashes in 2024.¹⁰ CDC says about 59% of bicyclist deaths occur on road sections away from intersections.¹¹ The same claim steps apply: police report, photos, video and medical records. Keep the bike and helmet just as they are.

E-bikes are less settled. CDC says e-bike injuries are currently counted as motorcycle injuries,¹² and insurance and traffic rules vary by state and by the class of bike. Ask how your state treats your e-bike before you assume your coverage applies.

What evidence helps a pedestrian accident claim?

Video from traffic cameras, stores, doorbells or buses. Ask in the first day or two.
The signal timing and the crosswalk markings at the place you were hit.
The driver's phone use. A lawyer may be able to get those records.
Witnesses, including people who stopped to help.
Medical records. A provider must act on your records request within 30 calendar days.¹³
Your shoes, clothes and anything you were carrying.

What does a pedestrian accident settlement cover?

A claim can include hospital and rehab bills, future care, lost pay, and pain and suffering. It may also include help at home if you cannot care for yourself. A settlement depends on your injuries, the facts of the crash and the insurance available. Settlement calculators cannot judge those things, and we will not give you a number.

How do pedestrian laws differ by state?

Crossing rules, right-of-way rules, shared-fault rules and no-fault insurance all change from state to state. So does the deadline to sue. If a city or state road, vehicle or bus was involved, your deadline can be much shorter. See your state's rules on this site, or your city guide below for local details about reports and claims.

When to call a pedestrian accident lawyer

Call if you were hospitalized, if the driver left, if the insurer says you were at fault, or if a child was hit. Injuries from being hit by a car are often serious and long-lasting. A lawyer can find video, witnesses and insurance you may not know about. A lawyer can review it for free and explain your options.

Mistakes to avoid after being hit by a car

Telling the driver you are fine or that you did not see the car.
Going home without police or a report.
Assuming you have no claim because you were outside a crosswalk.
Not checking your own or your household's auto policy.
Waiting too long to ask for video. Many systems erase it in days.

Questions

Can a pedestrian sue if hit by a car?

Yes, when a driver's carelessness caused the injury. A share of fault may reduce the claim in many states.

Does my car insurance cover me if I was walking?

Sometimes. PIP or no-fault coverage can apply to pedestrians in some states.¹²

What if the car that hit me drove away?

Call police right away. In New York, you may claim with a household relative's insurer if the vehicle is unknown.⁷ See our hit-and-run guide.

Are e-bike accidents treated like bicycle accidents?

Not always. CDC counts e-bike injuries as motorcycle injuries,¹² and state rules vary.

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Sources

Washington Office of the Insurance Commissioner, checked 2026-11-08. “Any non-family passengers and pedestrians involved in an accident”
New York Department of Financial Services, checked 2026-11-08. “if you were a pedestrian, with the car that struck you”
NHTSA, checked 2026-11-08. “In 2024, 7,080 pedestrians were killed and more than 71,000 pedestrians were injured nationwide.”
NHTSA, checked 2026-11-08. “A pedestrian was killed every 74 minutes in traffic crashes in 2024”
CDC, checked 2026-11-08. “an estimated 140,000 emergency department visits of pedestrians treated for non-fatal crash-related injuries in 2022”
CDC, checked 2026-11-08. “Higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the injury severity.”
New York Department of Financial Services, checked 2026-11-08. “If you do not know the vehicle that struck you or if the vehicle was uninsured, you may file a claim with the insurer of a household family relative who had an auto policy at the time of the accident.”
NHTSA, checked 2026-11-08. “A pedestrian is in the crosswalk when the traffic signals change and a car fails to yield to the pedestrian already in the crosswalk.”
NHTSA, checked 2026-11-08. “A pedestrian runs or walks out into the roadway in an unmarked area in the middle of the block”
NHTSA, checked 2026-11-08. “1,103 Bicyclists killed in traffic crashes in 2024”
CDC, checked 2026-11-08. “About 59% of bicyclist deaths occur on sections of roads away from intersections”
CDC, checked 2026-11-08. “E-bicycle injuries are currently counted as motorcycle injuries”
U.S. Department of Health and Human Services, checked 2026-11-08. “must act on an individual’s request for access no later than 30 calendar days after receipt of the request”

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