Drivers owe a duty of care to pedestrians. Fault can still be shared, and the available insurance depends on the driver, your own policies and your state.
Immediate steps
- Call 911 and get medical care.
- Report the crash and get a police report.
- Photograph the scene, vehicle and injuries.
- Get the driver's information and witness contacts.
- Do not accept blame or give recorded statements without advice.
Where compensation may come from
- The driver's liability insurance.
- Your own health insurance for treatment, with possible reimbursement later.
- Your auto policy's medical payments, personal injury protection or uninsured motorist coverage, which can apply to pedestrians in many cases.
- A claim against a business or government if road design or a hazard contributed.
Fault issues
Insurers may argue the pedestrian was jaywalking or distracted. Most states reduce recovery by the pedestrian's share of fault, and a few bar recovery above a threshold. Evidence such as video and witnesses matters.
Deadlines
Injury claims have filing deadlines, and claims against government bodies often need notice within a short period. See our guides to injury claims and statutes of limitations.
Frequently asked questions
Do pedestrians always have the right of way?
No. Rules vary by location and circumstances.
What if it was a hit and run?
See our hit-and-run guide and uninsured motorist coverage.