Being struck by a car while walking is a terrifying experience that often results in serious injuries. Unlike drivers protected by vehicle safety features, pedestrians absorb the full impact of a collision. If a negligent driver hit you, you likely have the right to seek compensation—even if you weren’t in a crosswalk.
Quick Answer
Yes, pedestrians can typically sue drivers who hit them. You can file an insurance claim with the driver’s liability coverage and, if necessary, a personal injury lawsuit. Even if you were partially at fault (such as jaywalking), you may still recover damages in most states—though your compensation may be reduced based on your share of fault.
Who Can Be Held Liable?
While the driver who struck you is the most obvious defendant, others may share responsibility:
| Potentially Liable Party | When They May Be Responsible |
|---|---|
| Driver | Failed to yield, was speeding, distracted, impaired, or otherwise negligent |
| Vehicle owner | If different from driver; negligent entrustment if they knew driver was unsafe |
| Driver’s employer | If driver was working (delivery, rideshare, commercial vehicle) |
| Government entity | Dangerous intersection design, missing crosswalks, broken signals, poor lighting |
| Property owner | Poor visibility due to overgrown vegetation, inadequate lighting in parking lots |
| Vehicle manufacturer | Defective brakes, steering, or safety systems contributed to accident |
| Bar or restaurant | Over-served alcohol to driver (dram shop liability) |
What You Must Prove
To recover damages, you generally must prove the driver was negligent:
- Duty of care: All drivers owe pedestrians a duty to operate vehicles safely
- Breach: The driver failed to meet that duty (running a red light, speeding, texting)
- Causation: The breach caused your injuries
- Damages: You suffered actual harm
Examples of Driver Negligence
- Failing to yield at crosswalks
- Running red lights or stop signs
- Speeding through pedestrian areas
- Distracted driving (phone use, eating)
- Driving under the influence
- Failing to check before backing up
- Not using headlights in low visibility
- Ignoring school zone warnings
What If You Were Partially at Fault?
Many pedestrian accidents involve shared fault. Maybe you were jaywalking, crossing against a signal, or distracted by your phone. Does this bar your claim?
Pure Comparative Fault States
States like California, New York, and Florida allow recovery even if you’re mostly at fault. Your damages are simply reduced by your percentage of fault.
Example: If you’re 40% at fault and damages are $100,000, you recover $60,000.
Modified Comparative Fault States
Most states use this approach. You can recover only if your fault is below a threshold (usually 50% or 51%).
Example: If you’re 49% at fault, you can recover (reduced by 49%). If you’re 51% at fault, you get nothing.
Pure Contributory Negligence States
In Alabama, Maryland, North Carolina, Virginia, and D.C., even 1% fault can bar all recovery. These are the harshest rules.
Jaywalking Doesn’t Automatically Bar Recovery
Even if you weren’t in a crosswalk, the driver still had a duty to watch for pedestrians and drive safely. Jaywalking may reduce your recovery but rarely eliminates it entirely (except in contributory negligence states).
Common Pedestrian Accident Scenarios
Crosswalk Accidents
Drivers must yield to pedestrians in crosswalks. If you were struck in a marked or unmarked crosswalk while following signals, the driver is likely at fault.
Intersection Accidents
Even outside crosswalks, drivers must exercise caution at intersections. Both parties have duties, so fault often depends on specific circumstances.
Parking Lot Accidents
Drivers in parking lots must drive slowly and watch for pedestrians. Property owners may also be liable for poor lighting or dangerous conditions.
Backing-Up Accidents
Drivers have a duty to ensure the path is clear before reversing. Children and elderly pedestrians are particularly vulnerable.
Hit-and-Run Accidents
If the driver fled, you may have claims through your own uninsured motorist coverage, or against the driver if later identified.
What Damages Can You Recover?
Pedestrian injuries are often severe because there’s no protection from impact:
Economic Damages
- Medical expenses: Emergency care, surgery, hospitalization, rehabilitation, ongoing treatment
- Future medical care: Long-term treatment, physical therapy, medical equipment
- Lost wages: Time missed from work during recovery
- Lost earning capacity: If injuries prevent returning to your previous job
- Property damage: Phone, laptop, personal belongings damaged
- Out-of-pocket costs: Transportation to appointments, home modifications
Non-Economic Damages
- Pain and suffering: Physical pain from injuries and treatment
- Emotional distress: Anxiety, PTSD, fear of walking near traffic
- Loss of enjoyment of life: Inability to participate in activities you loved
- Disfigurement: Permanent scarring or visible injuries
- Loss of consortium: Impact on relationships with spouse and family
Punitive Damages
Available in cases of extreme recklessness like drunk driving or intentionally hitting a pedestrian.
Common Pedestrian Accident Injuries
These injuries often lead to significant claims:
- Traumatic brain injury: From impact or hitting the ground
- Spinal cord injuries: Potentially causing paralysis
- Broken bones: Legs, pelvis, arms, ribs commonly fractured
- Internal injuries: Organ damage, internal bleeding
- Soft tissue injuries: Torn ligaments, muscle damage
- Lacerations: Cuts requiring stitches or causing scarring
- Psychological trauma: PTSD, anxiety, depression
Insurance Claims vs. Lawsuits
Starting with an Insurance Claim
Most cases begin with a claim against the driver’s liability insurance. This can resolve faster than litigation.
When You May Need to Sue
- Insurance company denies the claim
- Settlement offer is too low
- Driver was uninsured
- Your damages exceed policy limits
- Fault is disputed
- Multiple parties share responsibility
Your Own Insurance Options
If the driver was uninsured or fled:
- Uninsured motorist coverage: On your auto policy (if you own a car)
- MedPay or PIP: May cover medical expenses regardless of fault
- Health insurance: For medical treatment
Statute of Limitations
You have limited time to file a lawsuit—typically 2-3 years from the accident, depending on your state. Special rules may apply for:
- Government defendants: Often 6 months to 1 year, with special notice requirements
- Minors: Deadline may be extended until they reach adulthood
- Discovery rule: Some injuries aren’t apparent immediately
Steps to Protect Your Claim
- Call 911 immediately: Ensure police document the accident
- Get medical attention: Even if injuries seem minor—document everything
- Don’t leave the scene: Wait for police to arrive
- Get driver information: Name, insurance, license plate, contact info
- Document everything: Photos of the scene, your injuries, vehicle damage
- Identify witnesses: Get names and contact information
- Don’t admit fault: Don’t apologize or say you should have been more careful
- Preserve evidence: Keep damaged clothing and personal items
- Request the police report: Important documentation of the accident
- Don’t give statements to the driver’s insurance: Without legal advice
Frequently Asked Questions
Can I sue if I was jaywalking?
Usually yes. Jaywalking doesn’t give drivers the right to hit pedestrians. You may recover damages even if partially at fault, though your compensation will likely be reduced. The exception is pure contributory negligence states where any fault bars recovery.
What if the driver didn’t stop (hit and run)?
Report to police immediately. You may have options through your own uninsured motorist coverage. If the driver is later identified, you can pursue a claim against them. Some states have victim compensation funds.
Can I sue if I was hit in a parking lot?
Yes. Drivers must operate carefully in parking lots. You may also have claims against the property owner if dangerous conditions contributed to the accident.
What if I was partly distracted (looking at my phone)?
This may reduce your recovery under comparative fault rules, but typically won’t bar it entirely. Drivers must watch for pedestrians regardless of whether pedestrians are paying full attention.
How long do pedestrian accident cases take?
Insurance claims may settle in weeks to months. Lawsuits typically take 1-3 years depending on complexity, the severity of your injuries, and whether the case goes to trial.
When to Contact a Lawyer
Consider consulting a personal injury attorney if:
- You suffered serious injuries requiring significant medical treatment
- The driver disputes fault
- The insurance company is offering a low settlement
- The driver was uninsured or underinsured
- A government entity may be responsible
- Multiple parties may share liability
- You’re being blamed for the accident
Most personal injury attorneys offer free consultations and work on contingency—you pay nothing unless you win.
