Pedestrian Accident Claims, Right of Way, Fault and Who Pays

If a car hits you while you're walking, the driver's liability insurance is the main source of payment. Your own auto policy can often pay too. Your share of fault matters. In most states it cuts your recovery, but D.C. has a special rule that protects pedestrians.

How common are pedestrian deaths?

NHTSA's 2024 pedestrian fact sheet counts 7,080 pedestrians killed in 2024. That is down 3.9% from 7,367 in 2023, but still 18% of all traffic deaths. Another 71,635 pedestrians were injured.

Most deaths happen where fault is easiest to dispute. 73% occurred away from intersections, and 76% happened in the dark.

Many drivers don't stop. The Governors Highway Safety Association's 2024 report found 25% of pedestrian deaths were hit-and-runs. Our hit-and-run guide covers what to do when the driver is never found.

Who has the right of way?

Drivers must yield to pedestrians in crosswalks, painted or not. California's rule is typical. Veh. Code §21950(a) requires drivers to yield to a pedestrian in any marked crosswalk, or any unmarked crosswalk at an intersection.

Pedestrians have duties too. Section 21950(b) bars stepping off a curb "into the path of a vehicle that is so close as to constitute an immediate hazard."

Outside a crosswalk, the rule flips. Under §21954(a), a pedestrian must yield to vehicles close enough to be an immediate hazard. Section 21954(b) still requires the driver to use due care.

California also limits jaywalking stops. Since January 1, 2023, §21955 bars officers from stopping a mid-block crosser unless a collision is an immediate danger. The same section says pedestrians still owe a duty of due care, so an insurer can still argue fault.

What if you were partly at fault?

Your share of fault usually reduces your award, and in some places it can end the claim. The rule depends on where the crash happened.

• California. Pure comparative fault, from Li v. Yellow Cab (1975). If you're 30% at fault, you recover 70%. See our California page.
• Texas. Modified comparative fault. Under Tex. Civ. Prac. & Rem. Code §33.001, you recover nothing if you're more than 50% at fault. See our Texas page.
• D.C. Contributory negligence normally bars any recovery if you're even 1% at fault. Pedestrians get an exception, explained below.

Our guide to comparative and contributory negligence lists the rule in each state.

How does D.C.'s pedestrian exception work?

In D.C., a pedestrian's own negligence doesn't bar recovery unless 2 things are true. It must be a cause of the injury, and greater than the combined negligence of all defendants. That is the test in D.C. Code §50-2204.52(a), enacted November 26, 2016.

The rule also covers "vulnerable users." Section 50-2204.51 defines them to include people on bicycles, motorcycles, scooters, skateboards and electric mobility devices.

So a pedestrian who was 20% careless, hit by a driver who was 80% at fault, can still recover in D.C. Under ordinary D.C. contributory negligence, that same pedestrian would get nothing. See our District of Columbia page.

Can your own auto insurance pay if you were walking?

Often yes. Several auto coverages follow you, not your car.

• PIP in Florida. Fla. Stat. §627.736(4)(e)1 covers the policy owner hurt "while not an occupant of a self-propelled vehicle if the injury is caused by physical contact with a motor vehicle." Paragraph (e)2 extends this to relatives in your household who don't own a car.
• No car of your own in Florida. Under §627.736(4)(e)4, a Florida resident with no PIP of their own can claim PIP from the policy on the vehicle that hit them.
• PIP in Washington. RCW 48.22.005 covers the named insured and household relatives. It also covers "a pedestrian accidentally struck by the insured automobile."
• Uninsured motorist coverage. California's Ins. Code §11580.2(b) covers you, your spouse and household relatives "while occupants of a motor vehicle or otherwise." The words "or otherwise" reach you on foot, which matters in a hit-and-run.

Our guides on PIP, MedPay and health insurance and uninsured motorist claims explain the order these pay in.

What if a city bus or government vehicle hit you?

You usually must file a formal claim with the government first, and that deadline is much shorter than the normal time to sue.

• California. Gov. Code §911.2(a) requires an injury claim within 6 months of the crash. The normal deadline to sue for injury is 2 years.
• Texas. Tex. Civ. Prac. & Rem. Code §101.101(a) requires notice within 6 months. It must describe the injury, the time and place, and the incident.

Texas cities can set shorter deadlines. Section 101.101(b) ratifies notice periods in city charters and ordinances, so check the city's charter too.

Texas also caps damages. Section 101.023 limits the state and cities to $250,000 per person for injury. Other local government units are capped at $100,000 per person.

What evidence helps a pedestrian claim?

Evidence of where you were and what the driver could see decides most of these cases. With 76% of pedestrian deaths happening in the dark, lighting and visibility are usually the first fight.

• Your exact position. Mark where you were struck on a map or photo. Being inside a crosswalk, even an unpainted one at an intersection, puts the §21950 duty to yield on the driver in California.
• Lighting. Note which streetlights were working. A dark block cuts both ways, since the driver must still slow down and use headlights.
• Your clothing. Keep what you were wearing. Insurers often argue dark clothing made you invisible, and reflective strips or a light color answer that.
• Signal timing. If you crossed with a walk signal, ask the city for its signal timing records for that intersection.
• Video. Ask nearby businesses, buses and homes with doorbell cameras for footage in writing right away, before it's recorded over.
• The driver's phone and speed. A lawyer can seek phone records and the car's crash data if distraction or speed is in dispute.

Also keep every medical bill and a short daily note on pain and missed activities. Pedestrian injuries are often severe, and those records support the pain and suffering part of your claim.

What to do next

1. Get the police report and check how it describes where you were crossing. Ask for a correction if it's wrong.
2. Photograph the crossing within a few days, at the same time of night if the crash was after dark. Show the signals, crosswalk paint, streetlights and what the driver could see.
3. Tell your own auto insurer about the crash even though you weren't driving. Ask in writing whether your PIP, MedPay or UM coverage applies.
4. If a government vehicle was involved, find the claim deadline the same day. It's 6 months in California, and 6 months or less in Texas depending on the city charter.
5. Ask any lawyer you meet how they would answer a fault argument based on where you crossed, and what percentage fee they charge. Compare local firms on our city rankings.