What Should You Do If a Car Hits a Pedestrian?

Watching a car strike someone walking, or being that pedestrian yourself, is one of the most disorienting experiences a person can go through. Everything happens in seconds, but the decisions made in the minutes and days afterward can shape a person's health, finances, and legal options for months or years to come.

If you've just searched "what should you do if a car hits a pedestrian," you're probably trying to figure out what happens next, whether that's because you witnessed a crash, were involved in one, or are trying to help a family member sort through the aftermath. This guide walks through the practical steps to take at the scene, how fault is typically evaluated, what a pedestrian accident claim may involve financially, and the mistakes that tend to cause the most trouble later on.

Immediate Steps After a Car Hits a Pedestrian

What happens in the first few minutes after impact matters, both for medical outcomes and for any legal or insurance process that may follow. Here's a general sequence to work through:

1. Call 911 right away. Even injuries that seem minor at first, like soreness or mild swelling, can turn out to involve internal injuries, fractures, or head trauma that aren't obvious immediately.
2. Do not leave the scene. Drivers involved in a crash are generally required by state law to stop and remain at the scene. Leaving can turn a civil matter into a criminal one.
3. Check on the injured person, but avoid moving them unless there's an immediate danger, such as oncoming traffic, since improper movement can worsen certain injuries.
4. Request police response so an official crash report is created. This report often becomes a key piece of documentation for any later claim.
5. Exchange information, including names, contact details, driver's license numbers, license plate, and insurance information.
6. Photograph everything you reasonably can: the vehicle's position, skid marks, traffic signals, crosswalk markings, weather conditions, and visible injuries.
7. Collect witness information. Independent witnesses can be extremely valuable if fault is disputed later.
8. Seek follow-up medical care, even after being treated at the scene or an emergency room, and keep records of every visit.

How Fault Is Typically Determined in a Pedestrian Accident

Fault in a pedestrian-vehicle crash usually comes down to who failed to follow traffic law or exercise reasonable care. That can involve either party, or both, depending on the facts.

Factors that commonly affect fault

• Whether the pedestrian was in a marked or unmarked crosswalk
• Whether the driver had a red light, stop sign, or was making a turn without yielding
• Vehicle speed relative to the posted limit and road conditions
• Visibility factors, including darkness, weather, or obstructed sightlines
• Whether the driver was distracted, impaired, or otherwise violating traffic law
• Whether the pedestrian crossed mid-block or outside a designated crossing area

Most states apply some version of comparative negligence, meaning compensation can potentially be reduced, or in some states eliminated, if the pedestrian is found partly responsible for the crash. The exact rule, and how much it affects a claim, depends entirely on the state where the crash occurred. This is one of the areas where a pedestrian right of way law determination can genuinely change the outcome of a case, which is why many people choose to have an personal injury lawyer review the specifics rather than assume fault based on general expectations.

It's also worth understanding that fault isn't always a simple, single-cause finding. In many real-world crashes, more than one factor contributes: a driver may have been slightly over the speed limit while a pedestrian was also crossing outside a marked crosswalk. Insurance adjusters and, if necessary, courts weigh these overlapping factors against each state's specific negligence standard. Some states follow a "pure" comparative negligence rule, where compensation is reduced by the pedestrian's percentage of fault no matter how high that percentage is.

Others use a "modified" rule that bars recovery entirely once the pedestrian's share of fault crosses a certain threshold, often 50% or 51%. A small number of states still follow older contributory negligence rules, which can bar recovery altogether if the pedestrian is found even minimally at fault. Because this single legal distinction can determine whether a claim succeeds at all, it's one of the first things an attorney typically reviews.

Pedestrian Accident Statistics You Should Know

Pedestrian crashes are more common, and more often fatal, than many people realize. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 7,080 pedestrians were killed in traffic crashes on U.S. public roads in 2024, with more than 71,000 pedestrians injured nationwide that same year.

• Pedestrian deaths made up roughly 18% of all traffic fatalities in 2024, the fourth consecutive year that share increased.
• About 74% of pedestrian traffic deaths occurred in dark conditions, whether or not artificial lighting was present.
• Roughly 75% of fatal pedestrian crashes happened away from intersections, on open roadway sections.
• An estimated 37% of fatal pedestrian crashes in 2024 involved alcohol impairment by the driver, the pedestrian, or both.

These numbers reflect a pattern seen across the country: pedestrian crashes are frequently connected to visibility, speed, and roadway design, not just a single moment of inattention. That's part of why liability questions in these cases can get complicated fast.

Compensation and Settlement Considerations

Every case is different, and no article can predict what a specific claim is worth. That said, pedestrian accident claims commonly account for the following categories of loss:

A pedestrian accident settlement generally follows a negotiation process with the driver's insurance company after medical treatment and documentation are in place. If negotiations stall or the insurer disputes fault, the claim can potentially move toward a lawsuit, though most claims are resolved before reaching trial. Settlement value depends on factors like the severity of the injury, available insurance coverage, clarity of fault, and the strength of supporting documentation.

Which insurance policies typically get involved?

In most pedestrian crashes, the at-fault driver's auto liability insurance is the first source of compensation. If the driver was uninsured, underinsured, or fled the scene, the injured pedestrian's own auto policy, if they have one, may include uninsured or underinsured motorist coverage that can apply even though they weren't in a vehicle at the time. Health insurance may also play a role in covering initial treatment, with reimbursement sometimes required later out of any settlement. Because coordinating multiple policies can get complicated, especially in hit-and-run or underinsured driver situations, this is another area where legal guidance tends to be valuable.

Common Mistakes People Make After a Pedestrian Accident

• Refusing medical treatment at the scene, which can create gaps in the medical record connecting the injury to the crash.
• Giving a recorded statement to the driver's insurance company before understanding how it may be used.
• Accepting a fast settlement offer before the full extent of the injury is known.
• Posting about the crash on social media, which insurers sometimes review during a claim.
• Missing the filing deadline, since every state has its own statute of limitations for personal injury claims.
• Not documenting the scene before it changes, such as before skid marks fade or debris is cleared.
• Assuming fault too quickly, either against themselves or the driver, without reviewing the actual traffic laws that applied.

Frequently Asked Questions

Key Takeaways

When Should You Talk to an Attorney?

If you or someone you love was struck by a vehicle, connecting with a qualified Pedestrian Accident Lawyer can help you understand how these general principles apply to your specific situation, and what your options may look like going forward.

If you were hurt in Austin, San Antonio, Philadelphia, or Rockford, you can connect with local attorneys familiar with your state's crosswalk and right-of-way laws. Pedestrian injury rules also differ across California, Texas, Florida, and Illinois, so working with someone who knows your state's specific standards can make a real difference in how a claim is handled.

For more background on the claims process itself, you may also want to read about what a personal injury claim actually involves, how long a personal injury claim typically takes, or how personal injury settlement value is generally calculated.

Reference: National Highway Traffic Safety Administration – Pedestrian Safety