Can A Pedestrian Sue If Hit By A Car? Your Legal Rights

Can a pedestrian sue if hit by a car? Yes, pedestrians can sue drivers who hit them, and in most cases, the driver is legally liable for injuries and damages. Pedestrians have the right to file personal injury lawsuits to recover compensation for medical bills, lost wages, pain and suffering, and other losses. The key is proving the driver’s negligence caused your injuries, which typically involves showing they violated traffic laws or failed to exercise reasonable care while operating their vehicle.

Understanding Your Legal Rights as a Pedestrian

When a car strikes a pedestrian, the injured person has several legal options for pursuing compensation. Most pedestrian accident cases are resolved through insurance claims, but lawsuits become necessary when insurance companies refuse fair settlements or liability is disputed.

Why Pedestrians Usually Win

Drivers owe a duty of care to all road users, including pedestrians. This means they must:

Obey traffic signals and speed limits
Yield to pedestrians in crosswalks
Watch for pedestrians when turning
Avoid distractions like texting while driving
Exercise extra caution in areas with heavy foot traffic

When drivers breach this duty and cause injuries, they’re typically held liable regardless of where the pedestrian was walking.

When Can You Sue After Being Hit by a Car?

You can file a lawsuit if you were injured by a driver’s negligent or reckless behavior. Common grounds for pedestrian lawsuits include:

Driver Negligence

Distracted driving: Texting, eating, or using a phone while driving
Speeding: Driving too fast for conditions or above posted limits
Failing to yield: Not stopping for pedestrians in crosswalks
Running red lights or stop signs: Violating traffic control devices
Impaired driving: Operating a vehicle under the influence of alcohol or drugs
Aggressive driving: Tailgating, weaving through traffic, or road rage

Proving Negligence

To win a pedestrian accident lawsuit, you must establish four elements:

Duty: The driver owed you a duty of care
Breach: The driver violated that duty through negligent actions
Causation: The driver’s breach directly caused your injuries
Damages: You suffered actual losses (medical bills, lost income, pain)

Understanding personal injury negligence standards is crucial for building a strong case.

What If You Weren’t in a Crosswalk?

Many pedestrians worry they can’t sue if they weren’t in a designated crosswalk. However, drivers still have a duty to watch for pedestrians everywhere, not just at marked crossings.

Crosswalk vs. Non-Crosswalk Accidents

In a crosswalk: Drivers are almost always liable when hitting a pedestrian in a marked crosswalk, as pedestrians have the right of way.

Outside a crosswalk: You can still recover compensation, but comparative negligence may reduce your award. Courts will examine:

Whether you crossed at a reasonable location
Visibility conditions at the time
Whether the driver could have avoided hitting you
If you were jaywalking or crossing against signals

Most states use comparative negligence rules, meaning your compensation is reduced by your percentage of fault. For example, if you’re found 20% at fault for jaywalking, your $100,000 award would be reduced to $80,000.

Can a Pedestrian Sue If Hit by a Car? Your Legal Rights

Common Pedestrian Accident Injuries

Pedestrian-car collisions often result in severe injuries due to the lack of protection for the human body against a motor vehicle. Understanding common injuries helps you recognize the seriousness of your situation and the potential value of your claim.

Severe Injuries Frequently Seen

Traumatic Brain Injuries (TBI) Even at low speeds, impacts can cause concussions, skull fractures, or permanent brain damage affecting cognitive function, memory, and personality.

Spinal Cord Injuries These can result in partial or complete paralysis, requiring lifelong medical care and dramatically impacting quality of life.

Broken Bones and Fractures Common fractures include:

Leg and hip fractures
Arm and wrist fractures
Pelvic fractures
Rib fractures

Soft Tissue Injuries Sprains, strains, torn ligaments, and muscle damage may seem minor initially but can cause chronic pain and mobility issues.

Internal Injuries Internal bleeding, organ damage, and internal trauma may not be immediately apparent but can be life-threatening without prompt medical treatment.

Road Rash and Lacerations Severe skin abrasions requiring extensive treatment and potentially causing permanent scarring or disfigurement.

The severity of these injuries often depends on the vehicle’s speed, size, and point of impact. Even low-speed collisions can cause serious harm to unprotected pedestrians.

Types of Compensation Available

Pedestrians injured by vehicles can recover various types of damages depending on the severity of their injuries and circumstances.

Economic Damages

These cover measurable financial losses:

Medical expenses: Emergency room visits, surgeries, hospitalization, medications, physical therapy, and future medical care
Lost wages: Income lost while recovering from injuries
Loss of earning capacity: If injuries prevent you from working in your previous occupation
Property damage: Damaged clothing, phones, or other personal items
Rehabilitation costs: Physical therapy, occupational therapy, and ongoing treatment

Important Note: Insurance claims typically only cover economic losses like medical bills and lost wages. If you want compensation for pain and suffering or other non-economic damages, you must file a lawsuit rather than relying solely on the insurance claim process.

Non-Economic Damages

These compensate for intangible losses:

Pain and suffering: Physical discomfort and emotional distress
Loss of enjoyment of life: Inability to participate in activities you previously enjoyed
Emotional distress: Anxiety, depression, or PTSD following the accident
Disfigurement or scarring: Permanent physical changes from injuries
Loss of consortium: Impact on relationships with spouse or family

Punitive Damages

In cases involving extreme recklessness or intentional conduct, courts may award punitive damages to punish the driver and deter similar behavior. Examples include:

Drunk driving accidents
Hit-and-run incidents
Deliberately striking a pedestrian

Wrongful Death Claims

If a pedestrian dies from their injuries, certain family members can file wrongful death lawsuits. Those eligible to file typically include:

Spouse or domestic partner
Children
Grandchildren (in some circumstances)
Dependent minor relatives
Heirs under state intestate succession laws

Wrongful death claims can recover:

Medical expenses before death
Funeral and burial costs
Loss of financial support
Loss of companionship and consortium
Pain and suffering endured before death

Learning about types of damages in personal injury cases helps you understand what compensation you may be entitled to.

Time Limits for Filing a Lawsuit

Every state has a statute of limitations that sets a deadline for filing personal injury lawsuits. Missing this deadline typically means losing your right to sue permanently.

Common State Deadlines

New York: 3 years from the date of injury
California: 2 years from the date of injury
Texas: 2 years from the date of injury
Florida: 4 years from the date of injury (reduced to 2 years for accidents after March 24, 2023)
Ohio: 2 years from the date of injury
Georgia: 2 years from the date of injury

Some exceptions can extend or shorten these deadlines:

Injuries to minors may have extended deadlines
Cases involving government vehicles may have shorter notice requirements
Discovery of injuries later may start the clock from when you discovered the harm

Always consult with an attorney promptly to ensure you don’t miss critical deadlines.

Insurance Claims vs. Lawsuits

Most pedestrian accident cases don’t require going to court. Insurance companies often settle claims before lawsuits become necessary.

The Insurance Claim Process

Report the accident: File a claim with the driver’s auto insurance
Provide documentation: Submit medical records, police reports, and evidence
Negotiate settlement: The insurance company makes an offer
Accept or reject: If the offer is fair, you settle; if not, you may file a lawsuit

When to File a Lawsuit

Consider filing a lawsuit when:

The insurance company denies your claim
The settlement offer doesn’t cover your losses
Liability is disputed
The driver was uninsured or underinsured
Your injuries are severe and require maximum compensation
The insurance company acts in bad faith

Understanding insurance claim procedures helps you navigate the process effectively.

Who Can You Sue?

Depending on the circumstances, you may be able to sue multiple parties:

The Driver

The most common defendant in pedestrian accident lawsuits is the driver who hit you.

Vehicle Owner

If the driver doesn’t own the vehicle, you can also sue the owner under theories like:

Negligent entrustment: Allowing an incompetent or reckless person to drive
Vicarious liability: In some states, owners are automatically liable for accidents involving their vehicles

The Driver’s Employer

If the driver was working at the time of the accident, their employer may be liable under:

Respondeat superior: Employers are responsible for employees’ actions during work hours
Negligent hiring or supervision: If the employer knew the driver was dangerous

Government Entities

If poor road conditions, missing signage, or defective traffic signals contributed to the accident, you may have a claim against the government entity responsible for road maintenance. However, special rules and shorter deadlines apply to government claims.

Vehicle Manufacturers

In rare cases involving vehicle defects (like faulty brakes or unintended acceleration), you might sue the manufacturer.

What If the Driver Fled the Scene?

Hit-and-run pedestrian accidents present unique challenges, but you still have options:

Uninsured Motorist Coverage

Your own auto insurance policy may include uninsured motorist coverage that covers pedestrian accidents, even if you weren’t in a vehicle. This coverage can compensate you when the at-fault driver can’t be identified or doesn’t have insurance.

Crime Victim Compensation

Many states offer crime victim compensation programs that provide financial assistance to hit-and-run victims for:

Medical expenses
Lost wages
Counseling services
Funeral costs (in fatal accidents)

Finding the Driver

Police investigations, surveillance cameras, and witness statements may eventually identify the driver, allowing you to pursue a claim later.

When Pedestrians May Be at Fault

While drivers are usually liable, pedestrians can sometimes share fault or be primarily responsible for accidents.

Scenarios Where Pedestrians May Bear Fault

Jaywalking: Crossing outside designated areas against traffic signals
Darting into traffic: Suddenly entering the roadway without warning
Walking on highways: Being on roadways where pedestrians are prohibited
Intoxication: Being under the influence and stumbling into traffic
Ignoring signals: Crossing against “Don’t Walk” signals
Distracted walking: Texting or wearing headphones that prevent hearing approaching vehicles

Comparative Negligence Impact

Even if you’re partially at fault, you can still recover compensation in most states. Two main systems exist:

Modified Comparative Negligence (50% or 51% bar)

You can’t recover if you’re 50% or 51% or more at fault (depending on state)
Common in states like Illinois, Wisconsin, and Colorado

Pure Comparative Negligence

You can recover even if you’re 99% at fault, but your award is reduced proportionally
Used in states like California, New York, Florida, and Oregon
These states allow shared fault where both the pedestrian and driver can be assigned percentages of blame

Steps to Take After Being Hit by a Car

Taking proper action immediately after an accident strengthens your legal case:

At the Scene

Call 911: Get police and medical help immediately
Stay put: Don’t leave the scene (unless going to the hospital)
Document everything: Take photos of the scene, vehicles, injuries, and road conditions
Get information: Collect the driver’s name, insurance, license plate, and contact info
Find witnesses: Get names and phone numbers of anyone who saw the accident
Don’t admit fault: Avoid saying “I’m sorry” or accepting blame

After the Scene

Seek medical treatment: See a doctor even if you feel fine; some injuries appear later
Keep records: Save all medical bills, prescriptions, and documentation
Report to insurance: Notify your insurance company about the accident
Consult an attorney: Speak with a personal injury lawyer before accepting any settlement

Common Questions About Pedestrian Lawsuits

How long does a pedestrian lawsuit take?

Most cases settle within 6-18 months, but complex cases involving serious injuries or disputed liability can take 2-3 years or longer if they go to trial.

Do I need a lawyer to sue after being hit by a car?

While not legally required, hiring an experienced personal injury attorney significantly increases your chances of fair compensation. Lawyers handle negotiations, gather evidence, and represent you in court if necessary. Most work on contingency, meaning they only get paid if you win.

What if I don’t have health insurance?

You can still pursue a lawsuit. Many attorneys can help you find doctors who treat on a lien basis (payment comes from your settlement). Additionally, the driver’s insurance may cover immediate medical bills under medical payments coverage.

Can I sue if the driver has no insurance?

Yes. You can file a lawsuit directly against the uninsured driver, though collecting damages may be difficult if they lack assets. Your own uninsured motorist coverage provides another avenue for compensation.

What’s the average settlement for being hit by a car?

Settlement amounts vary dramatically based on injury severity, lost wages, and state laws. Minor injuries might settle for $10,000-$50,000, while catastrophic injuries can result in millions. Factors affecting settlement value include:

Severity and permanence of injuries
Total medical costs
Lost earning capacity
Pain and suffering
Quality of evidence
Defendant’s insurance limits

Can I sue if the accident was partially my fault?

In most states, yes. Comparative negligence laws allow you to recover compensation even if you share some fault, though your award will be reduced by your percentage of responsibility.

What if the driver claims I came out of nowhere?

Drivers have a duty to maintain proper lookout for pedestrians at all times. “I didn’t see them” is rarely a valid defense. Your attorney will gather evidence like witness statements, surveillance video, and accident reconstruction to prove the driver should have seen you.

Maximizing Your Compensation

To get the full value you deserve:

Don’t accept the first offer: Insurance companies typically offer low initial settlements
Document everything: Keep detailed records of all expenses and impacts
Don’t give recorded statements: Insurance adjusters may use your words against you
Don’t post on social media: Posts about your accident can be used to undermine your claim
Be patient: Settling too quickly may mean accepting less than your case is worth
Follow medical advice: Missing appointments or refusing treatment can hurt your case

When to Contact an Attorney

Consider contacting a pedestrian accident lawyer immediately if:

Your injuries are serious or permanent
You’ve accumulated significant medical bills
The insurance company denies your claim or offers inadequate compensation
Liability is disputed
Multiple parties may be responsible
The accident involved a government vehicle or entity
You’re unsure about your legal rights

Most personal injury attorneys offer free consultations and work on contingency, so there’s no upfront cost to get professional legal advice.

Understanding Contingency Fees

Personal injury lawyers typically work on a contingency fee basis, meaning:

You pay nothing upfront
The lawyer only gets paid if you win your case
Legal fees are a percentage of your settlement or award (typically 33-40%)
If you don’t recover compensation, you don’t owe attorney fees

This arrangement makes legal representation accessible to everyone, regardless of financial situation, and motivates your attorney to secure the maximum possible compensation.

Legal Disclaimer: This article provides general information about pedestrian accident lawsuits for educational purposes only and does not constitute legal advice. Laws vary significantly by state and individual circumstances. Specific outcomes depend on the facts of each case, applicable state laws, and the quality of evidence. Always consult with a qualified personal injury attorney licensed in your jurisdiction for advice specific to your situation.

Resources:

National Highway Traffic Safety Administration: nhtsa.gov
American Bar Association Lawyer Referral: 1-800-285-2221
State Bar Association: Contact your state’s bar for local attorney referrals

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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