Pedestrian crashes are rising nationally and are disproportionately fatal. Drivers owe a duty of care to people on foot everywhere, not just in crosswalks, but state and local right-of-way rules decide who had priority at the moment of impact. Because pedestrians usually have no vehicle policy of their own at the scene, finding coverage is often the first problem: the driver's liability insurance, the pedestrian's own or a household member's auto policy, and state crime-victim funds in hit-and-run cases can all come into play.
When to ask an attorney to assess the case
These situations commonly justify a free consultation. None of them means you have a valid claim; that is for an attorney to assess.
- You were struck by a car, truck, bus, bicycle or e-scooter and needed medical treatment.
- The driver fled the scene, was uninsured, or the insurer is arguing you were outside a crosswalk or crossed against the signal.
- A child or older adult was injured, or the injuries include fractures, head or spinal trauma.
- The crash happened in a parking lot, driveway or construction zone where the rules are less clear.
Facts and evidence that matter
- The police report, and any traffic or dash-cam footage, business cameras or rideshare records that show the impact.
- Photos of the crosswalk, signals, signage, lighting and sight lines at the time of day the crash happened.
- Witness contacts, and the driver's insurance and vehicle details or a description if they fled.
- Medical records and bills, and evidence of lost income.
- Your own or a household member's auto policy, which may provide uninsured motorist or medical payments coverage.
How state law affects the claim
Personal injury law is state law. The examples below name Georgia and Tennessee because those states have dedicated guides on this site; your own state's rules may differ.
- Right-of-way rules differ. Most states require drivers to yield to pedestrians in marked crosswalks and at intersections, and require pedestrians crossing elsewhere to yield to vehicles; Georgia and Tennessee both follow this pattern.
- Crossing outside a crosswalk or against a signal does not bar a claim, but it adds to the pedestrian's share of fault: recovery is barred at 50 percent fault in Georgia and unless the pedestrian's fault is less than the driver's in Tennessee.
- Uninsured motorist coverage rules vary by state and policy; in many states a pedestrian can claim under their own auto policy for a hit-and-run even though no car of theirs was involved.
Deadlines and early notices
There is no national personal injury deadline. Each state sets its own statute of limitations, and separate notice rules often apply to claims against government bodies. Missing a deadline usually ends the claim.
- Two years to file in Georgia and one year in Tennessee for most injury lawsuits; other states differ.
- Hit-and-run claims under your own policy usually require prompt notice to the insurer and a police report; check the policy's deadlines.
- Crime-victim compensation programmes have their own application deadlines, commonly one year.
- Claims involving a city bus, government vehicle or defective road design require written notice within months.
What compensation may cover
- Emergency and hospital care, surgery, orthopaedic treatment and physical therapy.
- Lost wages and reduced earning capacity.
- Pain, suffering and emotional trauma.
- Permanent disability or disfigurement.
- For fatal crashes, wrongful death damages for the family.
What can limit recovery
- Pedestrian fault, such as crossing mid-block, against a signal or while distracted.
- An unidentified hit-and-run driver with no uninsured motorist coverage available.
- Low liability limits on the driver's policy.
- Delays in treatment that let the insurer argue the injuries were minor.
What happens after you submit a request
Participating attorneys who accept pedestrian inquiries in your state will ask where and how you were hit, whether the driver stayed and was insured, and what treatment you have had. They will often look first at every available policy, including your own household's auto coverage, before advising you.
Ask Legal Matters is a lead-generation service, not a law firm. Submitting a request is not a legal determination and does not create an attorney-client relationship. Whether a participating attorney is available depends on your state and case type. You can verify any attorney's license through the state bar: State Bar of Georgia member directory; Tennessee Board of Professional Responsibility attorney search. How Ask Legal Matters works.
How fees and expenses work
Most personal injury attorneys work on a contingency fee: a percentage of any settlement or verdict, with no fee owed if there is no recovery. Case expenses (filing fees, records, experts, depositions) are separate. Some attorneys advance them and deduct them from the recovery; others may ask you to repay them even if the case is lost. Read the written fee agreement before signing, and ask how expenses are handled.
Frequently asked questions
What if I was hit outside a crosswalk?
You may still have a claim. Drivers must exercise reasonable care at all times, including watching for pedestrians. Crossing outside a crosswalk usually increases the share of fault assigned to you, which reduces recovery under comparative fault rules and can bar it if your share reaches the state's threshold.
What if the driver fled the scene?
Report it to the police immediately and get medical care. You may be able to claim under uninsured motorist coverage on your own or a household member's auto policy, and most states have a crime-victim compensation fund for hit-and-run injuries. An attorney can identify every available source.
How soon should I contact a lawyer?
As soon as you are able. Camera footage from businesses and traffic systems is often overwritten within days, and insurance policies impose notice deadlines. Early contact also helps identify the driver in hit-and-run cases.
Ask Legal Matters is a legal lead-generation service, not a law firm. We share case review requests with independent attorneys and law firms; we do not provide legal advice or representation. This page is attorney advertising and does not constitute legal advice. Case acceptance and outcomes are decided by the attorney and are not guaranteed. Consult a licensed attorney about your specific situation.
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