When a driver strikes a pedestrian, important considerations about liability and insurance coverage must be addressed.
When a driver strikes a pedestrian, important considerations about liability and insurance coverage must be addressed.

Pedestrian traffic accidents are all too common in large cities and other heavily populated parts of the country. Pedestrian fatalities caused by car accidents are on the rise, according to the latest statistics from the National Highway Traffic Safety Administration, with 75,000 pedestrians injured in vehicle accidents in 2018.
Here's what you need to know if you've been in a car accident in which a pedestrian was wounded or killed:
- Following a vehicle-pedestrian collision, the actions you take can be critical.
- Fault in a car-versus-pedestrian accident isn't always as obvious as you may think, and state comparative negligence regulations will almost certainly play a large role in determining eventual liability (and damages).
- If you have car insurance, it's likely that your coverage will cover injuries to pedestrians caused by an accident you caused.
Continue reading for more information.
What to Do If You Hit a Pedestrian Right Away
Stop your vehicle and follow correct post-accident protocol, which is perhaps the most important thing to do following a vehicle accident involving a pedestrian. This include receiving medical help for everyone who need it, as well as exchanging contact and insurance information with anyone else involved in the accident. It's also a good idea to photograph the accident area, preserve evidence, and contact any witnesses who witnessed the incident.
(Note: If you hit a pedestrian and didn't stop at the scene, rather than aggravating an already-difficult situation, it may be time to speak with a criminal defense lawyer about your options.)
You should presumably report the accident to local law enforcement and/or your state's department of motor vehicles if the pedestrian or anybody else involved in the accident is harmed, even if only slightly. Of course, you'll have to notify your car insurance provider about the accident.
In a car-versus-pedestrian accident, driver fault isn't always obvious.
While it's true that most car accidents involving pedestrians are caused by driver negligence (legal jargon for ordinary carelessness or inattention behind the wheel), the driver's liability isn't always that clear.
It's one thing if the pedestrian was crossing an intersection in a marked crosswalk when the accident occurred. If a pedestrian is hit in this situation, the driver is usually held responsible. However, if other circumstances are present, the vehicle accident fault picture can get more difficult. What if the pedestrian was in the midst of a block crossing the street? What if the pedestrian was crossing a freeway or another area where pedestrians are not allowed? In these (and other) instances, the pedestrian will almost definitely wind up bearing some legal blame for the collision. The state's shared fault standards (known as "contributory" and "comparative" negligence in legalese) will kick in at that moment. Learn more about how contributory and comparative negligence function in personal injury cases, as well as how to determine fault in a car-pedestrian accident.
Is a Pedestrian's Injury Covered by My Car Insurance?
If you have car insurance that meets or exceeds your state's minimum coverage standards, you may be sure that any injuries and any other damages sustained by a pedestrian in an accident caused by you will be covered by your policy.
In most states, vehicle owners are obliged to have liability car insurance with a minimum coverage amount. When you cause an automobile accident and someone else (such as a pedestrian) is injured or their property is damaged, this type of insurance kicks in. As a result, the pedestrian's medical bills, lost income, "pain and suffering," and other economic and non-economic losses ("damages") resulting from the collision will be covered by your liability policy. However, keep in mind that if the pedestrian's injuries are severe, the damages may exceed the liability coverage's dollar limits, and you (not your insurance provider) may be responsible for the difference.
If you live in one of the dozen or so states that follow some variant of a no-fault car insurance policy, there's a good chance that insurance will pay at least some of the pedestrian's damages, but the situation is more complicated. The insured motorist's own policy protections will transfer to any pedestrian wounded in an accident involving that driver in several no-fault states. If the pedestrian has no-fault car insurance and/or health insurance, that coverage may apply elsewhere (at least initially). If you live in a no-fault state and are involved in a pedestrian accident, speak with your insurance carrier to learn about your options.
Avoiding Car-Pedestrian Accidents
Everyone is a pedestrian at some time (as the US Department of Transportation reminds us), and drivers would do well to remember this when behind the wheel. The phrase "defensive driving" has been overused. When it comes to the level of constant awareness expected of drivers—who must keep an eye out for children, adults, bikers, skateboarders, and anybody else who may be on the streets and sidewalks—"vigilant driving" could be a goal. From the National Highway Traffic Safety Administration, here are some driving tips:
- When driving at night or in terrible weather, employ additional caution.
- When entering any crosswalk with a pedestrian, keep a low profile and be prepared to stop. Stop well back to allow other cars to observe the crossing pedestrians and stop as well.
- Passing vehicles stopped at a crosswalk is never a good idea. There could be persons crossing who you aren't aware of.
- In school zones and communities where children are present, drive at a slower speed, and
- When backing up, be particularly cautious because pedestrians may dart into your path.
Steps to Follow
If a pedestrian is wounded as a result of your automobile accident, the best next action is to notify your car insurance carrier and get an idea of how your coverage will protect you if you're found to be at fault (even partially) for the accident. You'll have to cooperate with your insurance company's investigation of the accident, and it could be a good idea to talk to an attorney about your options at some time, especially if the pedestrian's injuries are severe and it appears that your vehicle insurance won't cover everything.