What Happens if I Get Hit by a Car as a Pedestrian?

The aftermath of being struck by a vehicle as a pedestrian can be both physically and emotionally damaging. In the worst-case scenario, getting hit by a car can result in death. A study by the Governors Highway Safety Association (GHSA) estimated that there were 7,508 pedestrian fatalities in 2022, the most since 1981. And while the number of pedestrian fatalities decreased in 2023, pedestrian deaths remained above pre-pandemic levels.

Personal injury attorneys share insights on what to do if you or a loved one has suffered pedestrian injuries — including seeking fair compensation through insurance, pursuing a personal injury lawsuit, and when you need a lawyer.

First, Get Medical Attention

The first step accident attorneys recommend is seeking medical care immediately after a pedestrian collision. “Adrenaline is very good at hiding severe injuries,” says Tanya Gomerman, a personal injury lawyer in San Francisco.

And when you get to the hospital, car accident lawyer Arsen Sarapinian says you should seek a specialist. “General practitioners usually are not qualified to address specific conditions.”

Try To Collect as Much Evidence at the Scene as Possible

If you are able, you should also collect as much information at the scene as possible. Document the other party’s driver’s license, license plate, and insurance information. Get the names and phone numbers of any witnesses. Take photos or video of the crosswalk, intersection, pedestrian crossing, or other site where the accident occurred. Later, seek a copy of the police report and hang on to any medical documentation.

File an Insurance Claim for Your Injuries

Seeking financial compensation for injured victims starts with insurance companies. How much you can recover may be limited by the at-fault party’s policy, Gomerman says. If the driver’s policy won’t cover it, your only options are: 

• Make a claim against your own insurance carrier if you have uninsured motorist coverage; or 
• Make a claim against the vehicle’s owner or the driver’s employer

Some of these cases don’t require you to hire an attorney. “When there’s a low policy limit and a really serious injury, I think you can easily get the same recovery with or without an attorney,” Gomerman says. “So, if you had your leg amputated and the person only carries a $50,000 policy, you don’t really need an attorney to get that policy.”

How an Attorney Can Help Your Insurance Settlement

But even if you’re not going to court, a lawyer can help by handling calls from insurance companies, police, and investigators, Sarapinian says. Plus, they’re adept at pressuring insurers to produce a reasonable settlement.

“I’ve encountered cases where people who are unrepresented have had months go by where phone calls aren’t returned, requests aren’t returned, or eventually they’ll receive lowball offers,” he says. “Once you have a lawyer involved, naturally the case becomes more serious. And typically, it does increase case value.”

Types of Compensation for Injured Pedestrians

Recovery depends on the types of damages you’ve suffered. “Any types of bills related to the accident — whether it’s medical bills, Uber bills, bills for purchasing medicine — or any financial losses, including lost wages, lost benefits, or any PTO you’re using,” Gomerman says. “Finally, and most importantly, in my opinion, is pain and suffering damages. Those would include disfigurement, embarrassment, pain, activities that you can’t perform, anything that would impact you on a level that’s not financially provable.”

Quantifying non-economic damages can be tough. “Sometimes it’s hard for people to express what they’ve endured,” Sarapinian says. “In a lot of cases involving personal injury, general damages are supported by third-party witnesses. Family, friends, people that talk about how it’s affected the injured party’s lifestyle.”

Documentation, including photos and video, can once again help, Gomerman says. “If somebody is on crutches for a week, what does a day in their life look like?” She also recommends people keep a journal or calendar to track how their life is impacted. “If it’s a serious accident, seeing a therapist or a psychiatrist would really put the emotional distress that you’re suffering on paper,” she adds. 

Get Experienced Legal Help When Headed to Court

Having an attorney is a must if you are headed to court, . “If the injuries are serious, you wouldn’t know what a good recovery is, so you would really rely on an attorney to advise you, to look at past jury verdicts, and to look at your particular case,” Gomerman says. “And you definitely don’t want to file a lawsuit without an attorney because [court procedures and deadlines] are a minefield. It’s not a question of if you’re going to step on a mine; it’s when you’re going to step on a mine.”

Visit the Super Lawyers directory to find an experienced personal injury lawyer in your area for legal advice. Many personal injury lawyers provide free consultations and will work on a contingency fee basis, meaning there are no upfront costs to getting legal help.

For more information on personal injury claims for car accidents, see our overviews of personal injury law and motor vehicle accidents.