Pedestrian Accident Claims: What Are Your Rights?
Being struck by a vehicle as a pedestrian is often more severe than a typical car crash, and the claims process has its own wrinkles. Here's a general overview of what's usually involved.
Who can be at fault
Fault in a pedestrian accident can fall on the driver, the pedestrian, or both, depending on traffic signals, crosswalk rules, and each party's conduct at the time. Many states apply comparative-fault rules that can reduce — but not necessarily eliminate — a pedestrian's recovery even if they share some blame.
Evidence that matters
Traffic camera or dashcam footage, witness statements, the police report, and photos of the scene are typically the strongest evidence in a pedestrian claim. Medical records tying your injuries directly to the impact are also central to the claim.
Insurance coverage that may apply
Depending on the state and policy, a pedestrian struck by a car may have access to the driver's liability coverage, their own auto policy's medical payments or uninsured-motorist coverage (even without owning a car, in some states), or other coverage. Which applies depends heavily on where the accident happened.
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This article is general legal information, not legal advice. We are not a law firm. Using this site does not create an attorney-client relationship. Laws vary by state and change over time — confirm details with a licensed attorney in your state.