7,522 pedestrians were killed in U.S. traffic crashes in 2022 – the highest number recorded in more than four decades. Behind every number is someone whose day began like any other and changed in a matter of seconds.

If you've been hit by a car as a pedestrian, your first priorities are protecting your health, documenting what happened, and understanding your legal rights. In the moments after a crash, it’s normal to feel shaken and unsure of what to do next. Questions tend to come quickly: Should you go to the hospital? What if the driver claims you caused the accident? Do you need to call the police?

Taking a few clear steps early on can help protect both your well-being and your ability to sort out what happened later.

Key Takeaways: What to Do As a Pedestrian Hit by a Car

  • Your health should come first, even if you believe your injuries are minor.
  • Calling the police creates an official record of the collision.
  • Photographs, witness information, and medical records may become valuable evidence later.
  • Fault is not always obvious, and pedestrian laws vary from state to state.
  • Speaking with a personal injury attorney may be helpful when injuries are serious or liability is disputed.

Understanding Your Rights After a Pedestrian Accident

Being struck by a vehicle does not automatically mean you have a personal injury claim, but it also does not mean you were at fault.

Drivers have a duty to operate their vehicles with reasonable care, and pedestrians are expected to follow traffic laws designed to keep everyone safe. When a collision occurs, investigators often examine the actions of everyone involved before reaching conclusions about responsibility.

Depending on the circumstances, a pedestrian who was injured because of another person's negligence may have the right to pursue compensation for medical expenses and other losses recognized under applicable state law. Those rights can vary based on factors such as available insurance coverage, comparative or contributory fault rules, and the specific facts surrounding the accident.

For that reason, it's often helpful to focus first on preserving information about what happened before trying to determine who was legally responsible.

What Should You Do If You've Been Hit by a Car as a Pedestrian?

The minutes after a pedestrian accident can feel overwhelming. Having a simple plan can help you stay focused, even if everything around you feels chaotic.

If you're physically able, consider these immediate steps:

  • Move to a safe location away from traffic if you can do so without risking further injury.
  • Call 911 or ask someone nearby to do so.
  • Accept medical evaluation from emergency responders.
  • Cooperate with law enforcement when officers arrive.
  • Exchange information with the driver, but avoid arguing about who caused the accident.
  • If possible, begin documenting the scene before conditions change.

Not every accident unfolds the same way. Serious injuries may leave you unable to take any of these steps, and that's okay. Your health always comes first. Family members, witnesses, or responding officers can often help preserve important information if you're unable to do so yourself.

Seek Medical Attention Even If Your Injuries Seem Minor

It's common for people to say they feel "fine" immediately after being hit by a car. Adrenaline can mask pain, and some injuries take hours – or even longer – to become noticeable.

A concussion may not cause immediate symptoms. Internal injuries aren't always visible. Neck, back, and soft tissue injuries can become more painful after the initial shock has worn off.

Prompt medical care isn't only about diagnosis. It also creates a record of when symptoms first appeared and how they progressed over time. Injuries from pedestrian accidents may not be immediately apparent, making a timely medical evaluation an important step for both recovery and documentation.

Even if emergency transportation isn't necessary, arranging a medical evaluation as soon as possible is often a wise decision.

Reporting the Accident Can Help Protect Your Claim

A police report won't answer every question about a pedestrian accident, but it often becomes one of the first objective records of what happened.

Officers may document details such as:

  • the location of the collision
  • roadway conditions
  • weather
  • statements from those involved
  • contact information for witnesses
  • visible damage to the vehicle

As memories fade and conditions change, having an official report can provide an important starting point for insurance companies and others reviewing the claim.

If officers respond to the scene, answer questions honestly and stick to what you know. If you're unsure about something, it's perfectly appropriate to say so rather than guessing.

Gathering Evidence After a Pedestrian Accident

The scene of a pedestrian accident can look completely different an hour later. Traffic moves on, vehicles are towed away, and weather may wash away skid marks or other physical evidence.

If your condition allows, try to document what you can before leaving the area.

Helpful evidence often includes:

  • photographs of the accident scene from multiple angles
  • the vehicle involved
  • crosswalks, traffic lights, and road signs
  • visible injuries
  • weather and road conditions
  • names and contact information for witnesses
  • nearby businesses or homes that may have surveillance cameras

You don't need to gather every piece of evidence yourself. A family member, friend, or another trusted person may be able to help if your injuries prevent you from returning to the scene.

Common Injuries Suffered by Pedestrians in Vehicle Collisions

Pedestrians have little to protect them during a collision. Even at lower speeds, the force of impact can cause injuries that require weeks, months, or longer to heal.

Some of the most common injuries include:

  • Broken bones
  • Traumatic brain injuries
  • Neck and back injuries
  • Spinal cord injuries
  • Internal organ damage
  • Cuts, bruises, and road rash
  • Torn ligaments and other soft tissue injuries

Recovery looks different for everyone. A broken wrist may heal with a cast and physical therapy, while a traumatic brain injury or spinal injury can affect nearly every part of a person's daily life. That's one reason it's important to keep medical appointments and follow your treatment plan as your condition develops.

How Is Fault Determined in a Pedestrian Accident?

It's easy to assume fault is clear-cut after a pedestrian accident. In reality, these cases often require a closer look.

Investigators may consider traffic signals, crosswalk markings, surveillance footage, vehicle damage, witness statements, roadway conditions, and the actions of everyone involved before the collision. One common misconception is that a pedestrian automatically loses the right to bring a claim if they were crossing outside a crosswalk or made a mistake.

That's not necessarily true. Many states follow comparative negligence rules, meaning responsibility for an accident may be shared between multiple parties based on the facts and applicable state law. A smaller number of states apply different contributory negligence rules, which can significantly affect whether compensation is available.

Because these rules vary across the country, fault isn't always as straightforward as it first appears. If there are questions about who was responsible, legal guidance can help you understand how the facts and your state's laws work together.

Insurance Coverage May Be Available From Multiple Sources

After a pedestrian accident, many people assume the driver's insurance is the only possible source of coverage. Depending on the circumstances and state law, there may be other policies worth exploring.

Coverage may come from:

  • The driver's liability insurance
  • Your own uninsured or underinsured motorist coverage, if your policy extends those benefits to pedestrian injuries under applicable state law
  • Personal Injury Protection (PIP) or Medical Payments (MedPay), where available
  • Health insurance

Insurance companies don't simply look at the police report before making a decision. Adjusters commonly review medical records, witness statements, photographs, repair estimates, and other available evidence as they evaluate liability and damages.

If multiple insurance policies could apply, sorting through coverage can become more complicated than many people expect.

What Compensation Can an Injured Pedestrian Recover?

No two pedestrian accidents have the same financial impact. One person may need only a few follow-up appointments. Another may face surgery, rehabilitation, months away from work, or permanent limitations.

Depending on the facts of the case and the laws of the state where the claim is brought, compensation may include:

  • Emergency medical treatment
  • Hospitalization and future medical care
  • Physical or occupational therapy
  • Lost wages
  • Reduced earning capacity
  • Property damage, when applicable
  • Pain and suffering where recognized under state law
  • Other damages available under the applicable jurisdiction

Personal injury damages generally include both economic losses, such as medical bills and lost income, and non-economic damages, such as pain and suffering, where permitted by state law.

Understanding the full extent of an injury often takes time, particularly when ongoing treatment or rehabilitation is involved.

Mistakes to Avoid After Being Hit by a Vehicle

The days following a pedestrian accident can feel like a whirlwind. Between medical appointments, insurance calls, and trying to get back on your feet, it's easy for important details to slip through the cracks.

One of the biggest mistakes is assuming you'll remember everything later. Writing down your symptoms, saving medical bills, keeping photographs organized, and documenting conversations with insurance companies can make life much easier if questions come up down the road.

It's also wise to avoid guessing about fault, minimizing your injuries, or accepting a settlement before you have a clear picture of your recovery. Taking a little extra time now may help prevent bigger headaches later.

Evidence That Can Strengthen a Pedestrian Injury Claim

A strong claim is rarely built on one piece of evidence. It's the combination of records, photographs, and documentation that often provides the clearest picture of what happened.

Depending on the circumstances, helpful evidence may include:

  • Medical records documenting diagnosis and treatment
  • Police reports
  • Photographs or videos from the accident scene
  • Witness statements
  • Surveillance footage
  • Employment records showing lost income
  • Receipts for accident-related expenses

When these pieces support one another, they can help explain both how the collision occurred and how the injuries affected everyday life.

Understanding the Deadline to File a Pedestrian Accident Claim

One question comes up in almost every personal injury case: How much time do I have?

The answer depends on where the accident happened.

Every state sets its own deadlines for filing personal injury lawsuits, commonly known as statutes of limitations. Claims involving government vehicles or public entities may also require earlier notice or follow different procedures.

The sooner you understand the rules that apply to your situation, the more opportunities you have to protect your claim. Early action can make a meaningful difference when it comes to gathering evidence, documenting injuries, and preparing a well-supported case.

Building a Strong Case After a Pedestrian Collision

Building a personal injury claim isn't about collecting the largest stack of paperwork. It's about creating a clear, accurate record of what happened and how the injuries have affected your life.

That often includes following your doctor's recommendations, keeping medical records organized, saving receipts and other accident-related documents, and communicating carefully with insurance companies. Small details gathered over time can often tell a more complete story than any single document on its own.

Finding Clarity With Brandon J. Broderick, Attorney at Law

Getting hit by a car can change an ordinary day in the blink of an eye. The physical injuries are often only part of what follows. Questions about medical bills, insurance coverage, missed work, and legal rights can stay with you long after you've left the accident scene.

The good news from Brandon J. Broderick, Attorney at Law: you don't have to figure everything out on your own. Even if you're not sure whether you have a claim, we're happy to talk through your concerns during a free legal consultation and help you make an informed decision.


This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your specific situation.

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