Pedestrian Accident Lawyer: What Compensation Is Available

Last reviewed: October 2026 · How we research: How We Research

A person on foot has no protection at all in a collision with a vehicle. Pedestrian accidents therefore often cause severe injuries, from broken legs and pelvises to head and spinal injuries, even at relatively low speeds. The claims that follow have their own quirks: insurance can come from unexpected places, including your own car policy even though you weren’t driving, and fault arguments often turn on where and when you were crossing. This guide explains who pays, who is at fault, and how to protect your claim.

Pedestrian deaths rose sharply over the past decade and remain far above their levels of the early 2010s, according to the Governors Highway Safety Association. Most fatal pedestrian crashes happen away from intersections and after dark, which is exactly where fault disputes are most common.

Who pays: insurance for pedestrians

Many people are surprised that their own car insurance may pay when they were hit while walking. Depending on your state and coverage, compensation can come from several layers:

• The driver’s liability insurance: the main source in most cases, covering medical costs, lost wages and pain and suffering.
• Personal injury protection (PIP): in the 12 no-fault states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah), PIP pays medical bills and some lost wages regardless of fault. It usually follows you as a pedestrian, through your own policy or, if you have none, the striking vehicle’s.
• Uninsured and underinsured motorist coverage (UM/UIM) on your household car policy, which generally protects you as a pedestrian when the driver has no insurance, too little, or fled.
• Medical payments coverage (MedPay) on your own policy, in many at-fault states.
• Health insurance, which pays treatment now and may later seek repayment from your settlement.

Use the tool below to see the likely order in which these apply to you.

Who is at fault? It depends where it happened

Drivers have a general duty to watch for pedestrians and to take reasonable care to avoid hitting them, even when a pedestrian is somewhere they shouldn’t be. Pedestrians also have duties, such as obeying signals and not stepping suddenly into traffic. Here is how fault typically plays out:

Shared fault doesn’t usually end a pedestrian’s claim. In most states, compensation is reduced by your percentage of fault; in modified comparative fault states, you’re barred only if your share reaches 50% or 51%. But in the few contributory negligence jurisdictions (Alabama, Maryland, North Carolina, Virginia and D.C.), even slight fault can bar recovery. Children are generally held to the standard of a reasonable child of their age, not an adult, and very young children often can’t be found at fault at all.

Other parties who may be responsible

• The driver’s employer, if the driver was working, for example on a delivery or rideshare trip. Commercial and rideshare policies often have higher limits.
• The vehicle owner, if the driver borrowed the car, depending on state law.
• A government entity, for dangerous road design, missing crosswalks or signals, broken streetlights or poorly managed work zones. These claims have short notice deadlines.
• A bar or restaurant that over-served a drunk driver, in states with dram shop laws.
• A vehicle manufacturer, in rare cases involving defects.

Hit by a rideshare or delivery driver

If the driver was working for a rideshare or delivery app, which insurance applies depends on what the driver was doing at the time. Major rideshare companies typically carry liability coverage of up to $1 million while a driver is on the way to a pickup or carrying a passenger, and lower contingent coverage when the app is on but no ride has been accepted. When the app was off, only the driver’s personal policy applies, and some personal policies exclude business use. Note the app, the time and any trip details, and let a lawyer request the company’s records.

Common pedestrian injuries

Because a vehicle’s bumper typically strikes the legs first and the body then hits the hood, windshield or ground, pedestrians commonly suffer leg and knee fractures, pelvic fractures, head injuries, spinal injuries, shoulder and arm injuries, and internal injuries. Older pedestrians are especially vulnerable to serious fractures. Many of these injuries need surgery and long rehabilitation, which drives claim value. See broken bone settlements and brain injury claims.

What to do after being hit by a vehicle

1. Call 911 and get medical care, even if you think you’re fine. Adrenaline can mask serious injuries.
2. Make sure the police make a report. It records the scene, the driver’s details and often the officer’s view of what happened.
3. Get the driver’s name, insurance and plate number, and photos of the vehicle, the crosswalk or signals, and the lighting.
4. Find witnesses and ask nearby businesses, buses and homes for video quickly, before it’s overwritten.
5. Notify your own insurer promptly, especially for PIP or UM claims, which can have short notice requirements.
6. Keep your clothing and shoes; they can show where you were struck and what you were wearing.
7. Don’t give a recorded statement to the driver’s insurer before getting advice.

What a pedestrian claim can be worth

Pedestrian claims are valued like other injury claims: medical costs, lost income and earning capacity, and pain and suffering, reduced by any share of fault. Because injuries are often serious, claims frequently exceed the at-fault driver’s policy limits, which makes your own UIM coverage and any additional defendants important. Try the settlement calculator for a rough net figure, and see how pain and suffering is estimated.

Frequently asked questions

Can I claim if I was jaywalking?

Often yes. Crossing outside a crosswalk may give you a share of fault, but drivers still have a duty to avoid hitting pedestrians they could see. In most states that reduces your compensation rather than eliminating it.

I don’t own a car. Can I still get PIP?

In most no-fault states, yes. A pedestrian without their own or a household policy can usually claim PIP from the insurer of the vehicle that hit them, or from a state assigned-claims plan if that vehicle was uninsured.

The driver fled. What can I do?

Report it to the police right away and tell your insurer. Uninsured motorist coverage on your household car policy usually covers hit-and-run pedestrian injuries, but many policies require prompt reporting. Ask nearby businesses for video, which sometimes identifies the driver.

How long do I have to file?

It depends on your state, and PIP and UM claims often have much shorter notice deadlines than lawsuits. Check the statute of limitations by state and notify insurers immediately.

Does this apply if I was on a scooter or skateboard?

Often, but not always. Some states treat people on skateboards or in wheelchairs as pedestrians, while electric scooters may be treated as vehicles with their own rules. Whether PIP, MedPay or UM coverage applies can depend on how your state and your policy define these devices.

Sources

• NHTSA: Traffic Safety Facts, Pedestrians
• Governors Highway Safety Association: Pedestrian traffic fatalities by state
• Insurance Information Institute: Background on no-fault auto insurance

This guide is general information, not legal or insurance advice. Traffic, insurance and fault rules vary by state; consult a personal injury lawyer licensed in your state.