Pedestrian versus Car Injury Lawyer
Careful work on the cases that
change people's lives
When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.
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Pedestrian Accident Lawyer
Fighting for Your Rights
A pedestrian accident lawyer represents people who were hit by a car, truck, or other vehicle while walking, standing, or crossing a road or parking lot. Pedestrians have no protection in a collision, so the injuries are often severe, and the claim usually involves both the driver's insurance and the injured person's own coverage. Onal Injury Law reviews pedestrian accident cases from anywhere in the United States, including hit-and-run cases where the driver was never found.
Key facts at a glance
- In 2024, 7,080 pedestrians were killed and about 71,600 were injured in U.S. traffic crashes, according to NHTSA.
- Pedestrian injuries rose 5 percent from 2023 to 2024 even though pedestrian deaths went down.
- Drivers must yield to pedestrians in crosswalks in every state, and must use care to avoid pedestrians anywhere on the road.
- Crossing outside a crosswalk does not automatically bar a claim in most states. It is weighed under comparative fault.
- In some no-fault states, a pedestrian's medical bills are paid by the pedestrian's household auto policy, or by the striking car's policy if the household has none.
Who is at fault when a car hits a pedestrian?
Fault depends on the facts, but drivers carry a heavy duty. Every state requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections, and most also require drivers to exercise due care to avoid hitting a pedestrian anywhere, even one who is crossing outside a crosswalk.
Common driver failures include turning left or right without checking the crosswalk, speeding through areas with foot traffic, failing to stop for a school bus or crossing guard, backing up in a parking lot without looking, distraction from a phone or navigation screen, and impaired driving. Night crashes raise questions about visibility, lighting, and whether the driver was going too fast to stop within the distance their headlights covered.
What if I was jaywalking or crossing
outside a crosswalk?
You can usually still bring a claim. Most states use comparative fault, which reduces the recovery by the pedestrian's share of fault as long as that share stays below the state's cutoff. A driver who was speeding, distracted, or impaired can be found mostly at fault even when the pedestrian crossed mid-block. Alabama, Maryland, North Carolina, Virginia, and Washington, D.C. follow stricter rules that can bar recovery for any fault, although some exceptions apply.
Whose insurance pays when
a pedestrian is hit?
Coverage for pedestrians depends on whether the state uses no-fault or at-fault insurance. In no-fault states, a pedestrian can often collect personal injury protection benefits for medical bills and lost wages from their own household auto policy, and if there is no household policy, from the policy of the vehicle that hit them. A claim against the driver for pain and suffering is then available if the injury meets the state's threshold.
In at-fault states, the driver's liability insurance is the main source. In either kind of state, the pedestrian's own uninsured and underinsured motorist coverage, or a household family member's, often applies, which matters when the driver carried only minimum limits. If the driver was working at the time, including delivery and rideshare drivers, a commercial policy may also apply.
What happens in a hit-and-run
pedestrian accident?
Report it to the police immediately and give them every detail you can, such as a partial plate, the color and type of vehicle, and the direction it went. Ask nearby businesses and homeowners to save their camera footage, since many systems record over themselves within days.
If the driver is never identified, uninsured motorist coverage on your own or a household auto policy usually becomes the source of recovery. Many policies require a police report and notice to the insurer within a set time, so act quickly. People without any household auto coverage may have options through a state fund or program in some states.
Can a pedestrian be hit in a parking lot
and still have a claim?
Yes. Parking lot and driveway crashes are among the most common pedestrian cases, often involving drivers backing out of spaces or cutting across lanes. These are usually handled like other auto claims. In some cases, the property owner may also share responsibility if poor lighting, missing walkways, or a dangerous layout contributed to the crash.
What injuries do pedestrians
usually suffer?
Pedestrians are often struck at bumper height and then thrown onto the hood or the road, which causes leg and knee fractures, pelvic and hip fractures, shoulder and arm injuries, spinal injuries, and
traumatic brain injuries. Many of these injuries require surgery and months of therapy. A full claim includes future medical care and the effect on work, not only the bills from the first hospital stay. When a crash is fatal, the family may bring a
wrongful death claim.
What should you do after being
hit by a car?
Get medical care, even if you were able to walk away. Make sure the police make a report and that it includes witness names. Take photos of the scene, the vehicle, any traffic signals and crosswalk markings, and your injuries. Keep the clothes and shoes you were wearing. Do not give a recorded statement to the driver's insurer before you understand how your own coverage and the driver's coverage fit together.
Pedestrian accident cases
in other states
Pedestrian crashes happen everywhere, including to people visiting a city for work or vacation. We review pedestrian accident cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. If you were on a bike or e-bike, see our
bicycle accident page, and for crashes between vehicles see our
car accident lawyer page.
Pedestrian accident questions
people ask us
Can I sue the driver if I was hit outside a crosswalk?
In most states, yes. Your recovery may be reduced by your share of fault, but drivers still have a duty to watch for pedestrians everywhere on the road. In a few states with contributory negligence rules, any fault can be a bigger problem, so the facts need a close look.
I don't have a car. Who pays my medical bills?
In some no-fault states, the policy of the car that hit you pays your medical benefits if no one in your household has auto insurance. In at-fault states, the driver's liability insurance is the main source. Health insurance can also pay while the claim is pending.
How long do I have to file a pedestrian accident claim?
Most states allow between one and six years for injury lawsuits. Insurance policies often require much faster notice for benefits, sometimes within weeks, and claims involving a government vehicle or road can require notice within months.
The driver was making a delivery when they hit me. Does that matter?
It can. If the driver was working, the employer or the delivery platform's commercial insurance may apply in addition to the driver's personal policy. Ask the police officer to note who the driver was working for, if possible.
Can you help if I was hit in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.
FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY
CASES
Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.
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