What Happens If You Hit a Pedestrian With Your Car

Hitting a pedestrian with your car leaves you with a lot of unanswered questions. What are you legally responsible for? Who pays for the injuries? Could you face criminal charges?

These are the questions most drivers have after an accident like this, and the answers depend on a few key factors including fault, your insurance coverage, and what state the accident happened in. This guide breaks all of it down.

I Hit a Pedestrian With My Car. What Do I Do Now?

If you just hit a pedestrian with your car, here’s exactly what to do:

Stop immediately. Leaving the scene is a criminal offense in every state.
Call 911. Report the accident and request medical help even if the pedestrian says they’re fine.
Do not admit fault at the scene. Stick to basic facts when speaking with police.
Document everything. Photograph the scene, vehicle positions, skid marks, traffic signals, and any visible injuries.
Get witness information. Names and contact details from anyone nearby can be critical later.
Notify your insurance company. Report the accident promptly but stick to the facts.
Contact a personal injury attorney. Insurance companies move fast on these claims.

Do not offer to pay the pedestrian directly or make statements about what happened. Anything said at the scene can be used against you later.

What Happens to a Driver That Hits a Pedestrian?

The consequences fall into two categories: civil and criminal.

Civil consequences are the most common outcome. If you’re found at fault, you may be responsible for the pedestrian’s medical bills, lost income, pain and suffering, and long-term care costs if injuries are serious. These claims go through your auto insurance first.

Criminal consequences depend on how the accident happened. An unintentional accident with no reckless behavior usually stays civil. Penalties get more serious if speed, alcohol, distracted driving, or leaving the scene is involved. Depending on the state and circumstances, criminal charges can include:

Misdemeanor or felony reckless driving
Vehicular assault
DUI-related charges
Felony hit-and-run if you left the scene

Insurance impact is also worth knowing. Your rates will likely increase after hitting a pedestrian regardless of fault. If the claim exceeds your coverage limits, you may be personally responsible for the difference.

Who Is at Fault When a Car Hits a Pedestrian?

Fault depends on the specific facts of the crash. It’s not automatically the driver’s fault, and a pedestrian isn’t automatically off the hook either.

Drivers are typically found at fault for failing to yield at crosswalks, distracted driving, speeding, running signals, or not checking blind spots when turning. Pedestrians can share responsibility if they crossed outside a designated area, ignored traffic signals, or stepped into moving traffic without warning.

Most states use comparative negligence rules, meaning fault can be split between both parties. If a pedestrian is found 30 percent responsible, their compensation gets reduced by that percentage. Some states bar recovery entirely if the pedestrian is found more than 50 percent at fault.

A police report, witness statements, traffic camera footage, and skid marks all factor into how fault gets assigned. Insurance companies start building their version of events quickly, which is why documenting the scene right away helps.

For a deeper look at how shared fault affects both sides of a pedestrian accident, read our breakdown of partial fault in pedestrian accidents.

Can a Pedestrian Sue Me Even if They Were at Fault?

Yes, a pedestrian can still file a claim against you even if they share fault for the accident. Shared fault doesn’t prevent someone from pursuing compensation. It reduces what they can recover.

If the pedestrian is found mostly at fault, their claim gets reduced or may not hold up depending on state laws. But you should still expect their insurance or attorney to contact yours regardless of how clear the situation seems.

If you believe the pedestrian caused the accident, document that position early. Witness statements, police reports, and any available camera footage are your best tools.

If you want to understand how the other party might build a case against you, see our guide on how pedestrian injury claims work.

What If My Insurance Company and I Disagree on What Happened?

Insurance companies investigate these claims from their own angle. They may argue the pedestrian stepped into traffic without warning or that the driver couldn’t have avoided the collision. They may also dispute the severity of injuries to reduce what they pay out.

If you disagree with their findings, evidence is everything. Police reports, witness statements, photos from the scene, traffic camera footage, and medical records all carry weight. An attorney can help you push back with documentation rather than just your word against theirs.

Don’t assume your own insurance company is fully on your side. Their goal is to settle the claim at the lowest cost, which may not always align with your best outcome.

How Common Are Pedestrian Accidents?

Pedestrian accidents happen far more often than most drivers expect. Here’s what the most recent data shows:

According to the Governors Highway Safety Association and NHTSA, in 2024:

7,148 pedestrians were killed on U.S. roads in 2024
More than 71,000 pedestrians were injured nationwide
Pedestrians accounted for 17.9 percent of all traffic deaths in 2023, with the percentage rising for three consecutive years
Nearly 65 percent of pedestrian deaths occurred in locations without a sidewalk
In the first half of 2025, drivers struck and killed 3,024 people walking, an average of 16 per day

These crashes happen in everyday spots like intersections, crosswalks, parking lots, and residential streets. Most drivers involved had no intention of causing harm.

See a full breakdown of contributing factors in our pedestrian accident FAQ.

Frequently Asked Questions

What if I Hit a Pedestrian With My Car and They Had No Injuries?

A legal claim requires a provable injury. If the pedestrian had no injuries, they generally have no basis to sue. That said, even small injuries can still lead to a claim if medical attention is needed. Some injuries show up days later, even if nothing is obvious at the scene.

I Hit a Pedestrian With My Car and They Walked Away. Am I Still Liable?

A pedestrian walking away from the scene doesn’t mean they weren’t hurt. They may still file a claim against you for injuries tied to the crash. Report the accident to your insurance company regardless of how the scene ended.

What Happens if an Accident Is Not Reported Within 24 Hours?

If an accident is not reported within 24 hours, it can create issues with insurance claims and documentation. It may also make it harder to prove what happened later.

What Happens to a Driver That Hits a Pedestrian?

A driver who hits a pedestrian may face insurance claims, civil liability, and possibly criminal penalties depending on fault and severity. They may also be responsible for medical costs and other damages.

What Happens if I Hit a Pedestrian and They Have No Insurance?

The pedestrian’s health insurance doesn’t affect your liability as the driver. If you’re found at fault, your auto insurance covers their medical costs up to your policy limits. If their bills exceed your coverage, you may be personally responsible for the difference.

Does Hitting a Pedestrian Go on My Driving Record?

Yes, in most states a collision involving a pedestrian goes on your driving record regardless of fault. It can affect your insurance rates and, in cases involving citations or charges, your license status. The impact varies by state and the severity of the incident.

Get Legal Help After a Pedestrian Car Accident

If you hit a pedestrian with your car, the situation moves fast. Insurance companies start building their case early, and what you say and do in the first days matters.

Zinda Law Group helps drivers and pedestrians understand their rights, deal with insurance pressure, and figure out the best path forward based on the actual facts of the case.

Call (866) 271-1656 for a free, confidential consultation.