I Was Hit by a Car: What Are My Legal Options?

Pedestrian hit by a car

Although we may feel safe on sidewalks or when crossing the road, pedestrian accidents are often the most serious type of traffic accident.

The National Highway Traffic Safety Administration reports that 6,283 pedestrians died in U.S. traffic crashes in 2018.

There are many situations where a driver may be at fault in pedestrian accidents. In those cases, an injured pedestrian can make a claim against the at-fault driver’s insurance company to recover lost wages, medical bills, and pain and suffering.

After a car hits you while you were walking, you may not know what to do when seeking financial compensation. An experienced pedestrian accident attorney can guide you through the process, negotiate with insurance companies, and help you fight for the compensation you deserve.

Hit By Car While Walking: What Do I Do?

After a collision with a car, there are several steps you should take right away:

  • Check for injuries;
  • Get immediate medical attention, even if you don’t think your injuries are serious;
  • Call the police;
  • Get the other driver’s insurance and contact information;
  • Take photographs;
  • Talk to witnesses; and
  • Document details of the scene.

Even if you think your injuries are not serious, you should seek medical attention as soon as you can. The insurance company will use your hesitation against you if you wait too long to seek treatment.

What If The Collision Was a Hit and Run?

If you were walking when a car hit you, and then the driver left the scene of the accident, contact the police immediately. Talk to witnesses at the scene and ask them to provide statements to the police.

If you don’t know who hit you, your own health insurance will likely have to pay your medical bills. Once the police have identified the at-fault driver, a personal injury attorney can help you pursue compensation.

Pedestrian Hit By Car. Can I Sue?

There are many circumstances where you may be able to hold a driver responsible for a pedestrian accident. When a driver fails to yield to a pedestrian in a crosswalk, for example, this is almost certainly a breach of the driver’s duty to obey traffic laws and drive safely. But even if the pedestrian was not at a crosswalk, the driver may be accountable.

Drivers must be aware of their surroundings and watch out for hazards. A car accident lawyer can examine the details of your case and help you understand your options.

If a Car Hit Me, Can the Driver Claim It Was My Fault?

A driver may claim the pedestrian was at fault for an accident. For example, they may claim the pedestrian ran into the road without looking. They might say they walked against the light, or that they were walking somewhere they aren’t allowed, like the freeway.

Both Iowa and Illinois follow the 51% modified comparative negligence standard for determining fault. This means that if a pedestrian hit by a car is 51% or more at fault for the accident, they can’t sue the motorist. If the pedestrian is 50% or less at fault, their damages may drop by the percentage of their fault. An experienced personal injury lawyer can help you navigate this complex issue.

How Do I Start My Pedestrian Accident Claim?

If you were hit by a car, contact the pedestrian accident attorneys at VanDerGinst Law. Our attorneys have worked on tens of thousands of accident cases and recovered hundreds of millions of dollars for our clients in Iowa and Illinois. Call us today or fill out our online form to schedule a free consultation.


The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.

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