# Pedestrian accident claims: whose insurance pays

> How pedestrian accident claims work: whose insurance pays, right-of-way and fault rules by state, hit-and-run cases, and children and older adults.

Canonical page: https://accidentclaimfacts.com/accidents/pedestrian-accidents/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

If a driver hits you while you are walking, the driver's liability insurance is usually the main source of payment. Your own auto policy may help too, even though you were on foot: personal injury protection in some states, medical payments coverage, or uninsured motorist coverage if the driver fled or had no insurance. Right-of-way and fault rules vary by state, and they decide whether your own share of the blame reduces the claim.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Pedestrians killed | 7,080 | NHTSA, 2024 |
| Pedestrians injured | 71,635 | NHTSA estimate, 2024 |
| One pedestrian killed every | 74 minutes | On average, 2024 |
| Share of all traffic deaths | 18% | NHTSA, 2024 |
| Deaths that happened in the dark | 76% | NHTSA, 2024 |
| Deaths away from intersections | 73% | NHTSA, 2024 |
| Pedestrians killed by hit-and-run drivers | 24% | NHTSA, 2024 |

## Where and when pedestrians are hit

NHTSA counted 7,080 pedestrians killed and an estimated 71,635 injured in US traffic crashes in 2024. Most deaths share a few features:

- **84%** happened in urban areas.
- **76%** happened in the dark.
- **73%** happened away from intersections.
- **43%** of fatal pedestrian crashes involved alcohol, for the driver, the pedestrian or both.

These patterns shape the arguments in a claim. When someone is hit crossing mid-block at night, the insurer is likely to argue that the pedestrian shared the blame. The answer usually turns on lighting, the driver's speed and attention, and whether the driver could have stopped in time.

## Whose insurance pays

Several kinds of coverage can pay after a pedestrian crash, and more than one may apply:

| Source | When it may pay | What to know |
|---|---|---|
| The driver's bodily injury liability insurance | When the driver was at fault | Pays up to the policy limits; your share of fault may reduce it |
| Your own personal injury protection | In no-fault states and some others, even when you were on foot | Pays medical bills and some lost income, whoever was at fault |
| Your own medical payments coverage | If your auto policy includes it | Check whether it covers you as a pedestrian |
| Your own uninsured motorist coverage | If the driver fled or had no insurance | Check the policy's reporting rules |
| Health insurance, Medicare or Medicaid | For your medical treatment | It may have to be repaid from a settlement |

Many people do not realize their own car insurance can pay when they were not in a car. Under Florida's no-fault law, for example, personal injury protection covers people hit by a motor vehicle while not riding in a self-propelled vehicle, if the vehicle physically struck them. If you own a car in Florida, your own PIP generally pays. If you do not, a relative's policy may cover you if you live in the same household, and in some cases the PIP of the car that hit you pays instead. Florida PIP is $10,000 per person.

Outside the no-fault states, medical payments coverage on your own policy may pay medical bills, depending on its terms. Read your policy, or ask your insurer in writing whether you are covered as a pedestrian.

If a health plan or Medicare pays your bills, it may have a right to be repaid from your settlement. For Medicare the rule is strict: Medicare must be repaid its conditional payments when a settlement, judgment or award is paid.

## Right-of-way rules vary by state

Every state has rules about who has the right of way at crosswalks and signals, and they differ in the details. Texas shows how these rules work:

- A driver must stop and yield to a pedestrian in a crosswalk when no traffic signal is working and the pedestrian is on the driver's half of the road, or close enough to be in danger.
- A pedestrian facing a "Walk" signal may cross, and drivers must yield.
- A pedestrian crossing outside a crosswalk must yield to vehicles, and between two working signals may cross only in a marked crosswalk.
- Every driver must use due care to avoid hitting a pedestrian, and take proper precautions on seeing a child or a confused or incapacitated person.

> **Rule:** Texas Transportation Code § 552.008 requires drivers to "exercise due care to avoid colliding with a pedestrian on a roadway," whatever other rules apply.

That last rule matters: a pedestrian who breaks a crossing rule can still have a claim if the driver could have avoided the crash. The pedestrian's own fault then reduces the recovery under the state's fault rule. In the few places that still use contributory negligence, any fault can bar the claim, but Washington, DC has an exception for people on foot or on bikes: A pedestrian, cyclist or other 'vulnerable user' (as defined in D.C. Code § 50-2204.51) hit by a motor vehicle is barred only if their own negligence was a proximate cause and greater than all defendants' combined negligence.

> **Example:** A pedestrian crosses mid-block at night and is hit by a speeding driver. A jury finds the pedestrian 30% at fault. In most states the pedestrian recovers 70% of their proven damages; in a contributory negligence state, the claim could be barred.

See how your state treats shared fault with the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/), and read the [Texas guide](https://accidentclaimfacts.com/location/texas/) for that state's other crash rules.

## When the driver leaves the scene

Pedestrians are often the victims of drivers who flee. In 2024, 24% of pedestrians killed, nearly one in four, were struck in a hit and run.

If the driver is never found, your own uninsured motorist coverage may pay your losses, as if the driver had no insurance. Call the police right away, and read your policy's conditions, because uninsured motorist claims for hit-and-run crashes may come with reporting requirements. Our guide to [hit-and-run accidents](https://accidentclaimfacts.com/accidents/hit-and-run-accidents/) explains the steps in detail.

## Children and older adults

Children and older people are at special risk. Among children 14 and younger killed in traffic crashes in 2024, 17% were pedestrians; among people 65 and older, 19% were.

A child's claim is usually brought by a parent or guardian, and some states give children more time to sue. In Texas, for example: A person younger than 18 is under a legal disability; if the disability exists when the claim accrues, the time until the child turns 18 is not counted in the limitations period. For older adults, Medicare may pay medical bills while the claim is pending, and those payments must be repaid from any settlement.

## Evidence after a pedestrian crash

Pedestrian claims often turn on visibility and timing, so the scene itself is key evidence:

- photos of the crosswalk, signals, street lights, parked cars and anything that blocked the view;
- the time of the crash and the lighting conditions;
- video from traffic cameras, buses, shops and doorbell cameras, requested early before it is recorded over;
- names and phone numbers of witnesses, and the police report number;
- your medical records, bills and a daily journal of pain and limits.

The [claim process guide](https://accidentclaimfacts.com/claim-process/) explains how this evidence is used in a demand letter and in negotiation.

## FAQ

### Who pays when a car hits a pedestrian?

Usually the driver's liability insurer, if the driver was at fault. Your own auto policy may also pay through PIP or medical payments coverage, and your uninsured motorist coverage may pay if the driver fled or had no insurance. Health insurance often pays medical bills first and may be repaid later.

### Does my car insurance cover me if I am hit while walking?

It may. In no-fault states such as Florida, personal injury protection can cover you as a pedestrian. Medical payments and uninsured motorist coverage may also apply, depending on your policy's terms.

### Can I make a claim if I was not in a crosswalk?

Often, yes. Drivers still have a duty to use care to avoid hitting pedestrians. Your own share of fault may reduce what you recover, and in a few places that use contributory negligence it can bar the claim.

### What if the driver who hit me drove away?

Call the police right away and give them every detail you remember. If the driver is not found, your own uninsured motorist coverage may pay. Check your policy's reporting rules.

### Can a child who was hit by a car make a claim?

Yes. A parent or guardian usually brings the claim. Some states, including Texas, pause the filing deadline until the child turns 18.

### How long do I have to file a pedestrian accident claim?

The same deadline applies as for other crash injuries in your state. For an adult it is 2 years in Texas and 3 years in New York, for example. Look up your state in our [state guides](https://accidentclaimfacts.com/location/).

## Sources

- [Texas Legislature, Transportation Code chapter 552](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.552.htm) — pedestrian right-of-way rules (§§ 552.002, 552.003, 552.005, 552.008)
- [NHTSA, Traffic Safety Facts: Pedestrians, 2024 Data (DOT HS 813 818)](https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813818), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.736(4)(e)](https://www.flsenate.gov/Laws/Statutes/2026/627.736), checked October 29, 2026
- [Council of the District of Columbia, D.C. Code § 50-2204.52](https://code.dccouncil.gov/us/dc/council/code/sections/50-2204.52), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 16.001](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026
- [New York State Senate, CPLR 214](https://www.nysenate.gov/legislation/laws/CVP/214), checked October 29, 2026
- [CMS, Non-Group Health Plan (NGHP) Medicare Secondary Payer (MSP) Beneficiary Reference Guide v1.0](https://www.cms.gov/files/document/non-group-health-plan-nghp-medicare-secondary-payer-msp-beneficiary-reference-guide.pdf), checked July 19, 2024
- [Florida Department of Highway Safety and Motor Vehicles, Florida Insurance Requirements](https://www.flhsmv.gov/insurance/), checked April 21, 2021