The short answer
- Get medical attention, even if you think you're okay. Pedestrian-vehicle impacts can cause serious injury without obvious external signs.
- Get the driver's information and call the police. You have the same right to an official report as any driver would.
- Don't assume you're automatically at fault for being in the road. Fault depends on the specific circumstances, not simply on who was walking versus driving.
Being hit by a vehicle as a pedestrian is disorienting in a specific way that a car-to-car crash isn’t: you likely don’t have your own insurance card, vehicle registration, or dashcam footage to fall back on. The driver’s insurance, not your own, is typically where a claim starts — which makes documenting what happened even more important, since you’re relying more heavily on evidence gathered in the moment.
What to do, step by step
- Call 911 — request police and medical attention
- Get the driver's name, license plate, and insurance information
- Photograph the scene: your position relative to the crosswalk or road, any traffic signals, the vehicle, and your visible injuries
- Get contact details from any witnesses — pedestrian accidents often have fewer independent witnesses than car-to-car crashes, so anyone who saw it matters
- Avoid saying anything that could be taken as accepting blame
Understanding fault as a pedestrian
Fault in a pedestrian accident depends on the specific facts — who had the right of way, whether there were traffic signals, and whether either party was distracted — not simply on who was walking versus driving. Comparative negligence rules (which vary significantly by state) apply to pedestrian claims the same way they apply to car accidents.
When it's worth talking to someone
Pedestrian claims often involve real complexity around fault and can result in more serious injuries than typical vehicle-to-vehicle crashes. A free, no-obligation conversation can help you understand your options, particularly if the driver’s insurer suggests you were at fault.
RelatedCar accident injuriesWhat to watch for, including injuries that take time to appear.
- Get medical attention even without obvious injury — impact forces can be serious.
- The driver's insurance is typically where a claim starts, not your own.
- Fault depends on the specific facts, not simply on pedestrian versus driver.
- Witness information matters more here, given fewer independent record sources.
What are the deadlines?
Each state sets its own deadlines after a pedestrian accident, and some are much shorter than others. Choose your state for each deadline with its statute and the date we last checked it.
Answer a few questions for your next steps and your state's deadlines. It's free.
Get a free case assessmentCommon questions
Am I automatically at fault if I'm hit while jaywalking?
Not automatically. Jaywalking can be a factor in how fault is assigned, but it doesn't automatically bar a claim — most states use some form of comparative negligence, meaning fault is a percentage, not all-or-nothing.
Whose insurance pays for a pedestrian accident?
Typically the at-fault driver's liability insurance. Depending on your state and your own policy, your own auto or health insurance may also come into play.
What if the driver who hit me doesn't have insurance?
This is a real risk in pedestrian cases. Depending on your state and your own coverage, uninsured motorist protection on a policy in your household may apply — worth checking regardless of whether you drive yourself.
How long do I have to file a claim as a pedestrian?
The same filing deadlines that apply to car accident claims in your state generally apply to pedestrian claims too. See our laws by state guide for your state's specific deadline.
Sources
Written by The Accident Advisory editorial team from the sources below. Every change is logged in the editorial changelog.
- State-by-state car accident law pages — The Accident Advisory (fault rules and deadlines apply the same way to pedestrian claims).
- State pedestrian right-of-way statutes — verify current requirements for your specific state.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. Always confirm current law or speak with a licensed attorney before relying on this for a decision. Last updated: 1 July 2026.