When a pedestrian is hit by a car, the injuries are almost always serious. Without the protection of a vehicle, pedestrians absorb the full force of impact and are frequently thrown onto the hood, windshield, or road surface. If you or a loved one has been struck by a vehicle as a pedestrian, understanding your legal rights is critical – and working with a pedestrian hit by car lawyer gives you the best chance of recovering the full compensation you deserve.
Who is at fault when a pedestrian is hit by a car?
Fault in pedestrian accident cases depends on the specific circumstances. While drivers are generally held to a higher duty of care toward pedestrians, fault is not automatic and requires a proper investigation.
Common scenarios where the driver is at fault:
- Failing to yield to a pedestrian in a marked or unmarked crosswalk
- Running a red light or stop sign
- Driving while distracted (phone use, eating, adjusting controls)
- Speeding, particularly in school zones or residential areas
- Driving under the influence of alcohol or drugs
- Failing to see a pedestrian due to inadequate lookout
- Backing over a pedestrian in a parking lot or driveway
Scenarios where pedestrian fault may be partially or fully allocated:
- Jaywalking – crossing at a non-designated location
- Entering the road unexpectedly from between parked vehicles
- Crossing against a pedestrian signal (Do Not Walk)
- Walking in a roadway while intoxicated
- Darting into traffic without adequate time for a driver to stop
Even if you were partially at fault as a pedestrian, you may still recover compensation in most states under comparative negligence rules. Your recovery is reduced by your percentage of fault, not eliminated.
Common injuries when a pedestrian is hit by a car
- Traumatic brain injury (TBI) – head impact with the vehicle or ground is extremely common and can range from concussion to severe, permanent brain damage
- Spinal cord injuries and paralysis – the force of vehicle impact and subsequent fall can damage the spinal cord, causing partial or complete paralysis
- Broken bones – leg fractures (particularly femur and tibia) are extremely common as the vehicle typically strikes the pedestrian at leg height; arm, rib, and pelvic fractures also occur frequently
- Internal organ damage – abdominal impact with the vehicle hood or bumper can rupture internal organs and cause life-threatening internal bleeding
- Soft tissue injuries – road rash, lacerations, and muscle damage from contact with the road surface
- Psychological trauma – PTSD, anxiety, and depression are common lasting consequences of pedestrian accidents
- Wrongful death – pedestrian accidents have a significantly higher fatality rate than occupant accidents
Compensation available to pedestrians hit by cars
| Damage category | What it covers |
|---|---|
| Medical expenses | Emergency care, surgery, hospitalisation, rehabilitation, future treatment, assistive devices |
| Lost wages | Income lost during recovery period |
| Loss of earning capacity | Permanent reduction in ability to work due to disability |
| Pain and suffering | Physical pain, emotional distress, PTSD, loss of enjoyment of life |
| Property damage | Clothing, electronics, and personal items damaged in the accident |
| Punitive damages | When the driver was drunk, reckless, or grossly negligent |
| Wrongful death | Funeral expenses, loss of financial support, loss of companionship |
Steps to take after being hit by a car as a pedestrian
- Call 911. Ensure emergency services are dispatched – you need both medical assistance and a police report.
- Do not move if you are seriously injured. Spinal injuries can be worsened by improper movement. Let paramedics assess and move you.
- Get the driver’s information. Name, contact details, licence plate, insurance information, and vehicle details.
- Document the scene. Photograph the vehicle, your injuries, the road conditions, any crosswalk markings, and the surrounding area.
- Identify witnesses. Get names and contact details from anyone who saw the crash.
- Seek immediate medical treatment. Even if you feel able to walk, see a doctor the same day – adrenaline can mask serious injury symptoms.
- Contact a pedestrian accident lawyer. Do not speak with the driver’s insurance company before consulting an attorney.
Hit by a car as a pedestrian?
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Frequently asked questions
Can I claim if I was jaywalking when I was hit?
Yes, in most states. Under comparative negligence rules used in the majority of US states, jaywalking reduces your compensation by your percentage of fault but does not eliminate it entirely. If the driver was driving distracted, speeding, or failed to take reasonable steps to avoid hitting you, they share fault regardless of your jaywalking. Only in the few states using contributory negligence (Virginia, Maryland, Alabama, North Carolina, and DC) could jaywalking entirely bar your recovery.
What if the driver who hit me fled the scene?
A hit and run pedestrian accident is handled as an uninsured motorist claim through your own auto policy if you carry UM coverage, even though you were not in a vehicle at the time. Most UM policies cover pedestrian accidents. If you do not own a vehicle, you may be covered under a family member’s policy. A pedestrian accident attorney can identify all available coverage sources.
How much is a pedestrian hit by car settlement worth?
Pedestrian accident settlements are typically larger than occupant injury settlements because pedestrians sustain more severe injuries without vehicular protection. Minor to moderate injury cases (fractures, soft tissue injuries) typically settle for $50,000-$200,000. Cases involving TBI, spinal cord injuries, or permanent disability regularly settle for $500,000 to several million dollars. Fatal pedestrian accident cases can produce wrongful death settlements of $1,000,000 or more.
What if a child was hit by a car?
When a child is hit by a car, the driver is held to a heightened duty of care – particularly in areas where children are foreseeably present, such as near schools, parks, and playgrounds. The statute of limitations is typically tolled (paused) until the child turns 18. Settlements for child pedestrian accident victims reflect not just current injuries but the long-term impact on the child’s development, education, and future earning capacity – often producing substantial awards.
Related reading: Car accident lawyer near me · How much is my claim worth? · What to do after a car accident · Statute of limitations