Most people head out for a walk thinking about the dog tugging at the leash, the podcast in their headphones, or what to cook for dinner. The last thing on their mind is a car running a red light.

But when a driver doesn't stop or fails to see someone in a crosswalk, a routine walk can end with broken bones, head injuries, or an ambulance ride.

This blog explains what to do when you get hit by a car as a pedestrian, from getting medical help to reporting the crash and gathering key details. You'll also want to understand how fault is decided and what costs you may be able to recover after an injury.

If you were injured as a pedestrian, Smith Law Center is ready to help. Call us at (757) 244-7000 or contact us online to schedule a free case review.

Immediate Steps at the Scene of a Pedestrian Accident

If you are hit by a car while walking, the first moments can be confusing. Knowing which steps to focus on can help you protect your health and create a reliable account of the accident.

Move to a Safe Area

If you are able, get out of the roadway and onto a sidewalk or shoulder. Stay as still as you need to if you suspect serious injuries. Wait for help to arrive rather than trying to walk home or leave the scene on your own.

Keep the Driver and Witnesses There

Ask the driver to remain until police arrive, even if they say they are in a hurry. Pedestrian collisions happen quickly, and witness accounts can be critical for showing what the driver did or failed to do. Encourage witnesses to wait and speak to officers.

Call the Police

Dial 911 right away. Police will document the accident in an official report, including the time, location, and people involved. Paramedics can begin checking you for injuries, and their notes will also form part of the medical record tied to the accident.

Collect Driver and Witness Information and Take Photos

If you can, gather as much information as possible before the scene clears:

• The driver's name, contact details, and insurance;
• The vehicle's license plate and description;
• Names and phone numbers of witnesses; and
• Photos of the intersection, crosswalks, traffic signals, vehicle, and visible injuries.

It isn't always possible to collect every detail, and that's alright. A single photo or one witness's name can still make a difference later on.

Do Not Discuss Fault

Stay calm and stick to the facts when speaking with the driver, witnesses, or police. Avoid apologizing, guessing about what happened, or saying you feel fine. Casual remarks can be misinterpreted as admitting blame or downplaying your injuries.

Taking Action in the Days After a Pedestrian Accident

The first few days after being hit by a car are critical for your health and for building a record of the incident.

Get Medical Attention and Document Your Injuries

See a doctor as soon as possible, even if you left the scene without going to the hospital. Some pedestrian injuries, like concussions, internal bleeding, or back injuries, may not show symptoms right away. Tell your doctor, "I got hit by a car while crossing the street," and describe every symptom, even small ones.

Keep copies of discharge papers, prescriptions, referrals, and bills. Write down symptoms as they appear, such as pain, trouble walking, sleep problems, or emotional changes like anxiety or fear of traffic. This record shows both your medical team and insurers how the accident continues to affect you.

Report the Crash to Your Insurance Company

Notify your own insurance company within the first day or two. Share basic facts such as the date, time, and location. If you have it, give them the police report number.

Be Cautious with the Driver's Insurance

If the other driver's insurance contacts you, be careful. You are not required to give a recorded statement, and it is best to avoid discussing injuries or fault without legal advice. Insurance adjusters may use your words to limit what they pay. You can simply refer them to your own insurer instead.

Request the Police Report

Police reports are a key piece of evidence. Ask when the report will be available and get a copy. Review it carefully for mistakes, such as an incorrect location or a wrong statement about what you were doing. If you notice an error, write down your correction and contact the department to ask how it can be added to the record.

Handling the Weeks That Follow a Pedestrian Accident

Once the immediate response is behind you, the following weeks are about consistency, organization, and protecting your claim.

Go to All Follow-Up Appointments

Attend every follow-up appointment and stick to your doctor's treatment plan. Mention new symptoms as they develop, even if they seem minor. Ask for referrals to specialists if your recovery stalls or pain continues. Consistent care shows both the seriousness of your injuries and your effort to improve.

Stay in Touch With Insurance Companies

Respond quickly to requests for paperwork, photos, or updates. Keep a notebook or file with dates of conversations, who you spoke to, and what was said. If the other driver's insurer reaches out with forms or a settlement offer, do not sign anything before understanding what it covers.

Track Expenses and Lost Income

Accident costs can mount quickly after a pedestrian injury. Save receipts for prescriptions, medical equipment, transportation to appointments, or household help. Track lost income if you are out of work or missing hours. Even if money is tight, wait until your doctor clears you before returning to work.

Avoid Posting on Social Media

It may be tempting to post about the accident or your recovery, but even casual comments or photos can be taken out of context. Insurance companies sometimes monitor social media and may try to use your posts against you. The safest choice is to avoid posting about the accident until your claim is resolved.

Speak With a Pedestrian Accident Lawyer

If you haven't already, this is the time to get legal advice. Fault rules can be complicated, especially in Virginia, where contributory negligence applies. A lawyer can review the police report, gather evidence, and handle negotiations with insurers. Having representation early reduces the risk of mistakes that could weaken your claim.

Injured in a pedestrian accident? Smith Law Center represents pedestrians who have been hit by vehicles and helps protect their rights during the claims process.

Call (757) 244-7000 or contact us online for a free case review to discuss your pedestrian accident case.

How Liability Is Determined in Pedestrian Accidents

One of the first questions after a pedestrian accident is if a car hits a pedestrian who is at fault. Liability usually comes down to negligence—in other words, whether someone failed to use reasonable care.

When Drivers Are Negligent

Drivers are expected to watch for people on foot and obey traffic laws. Pedestrian crashes usually happen because a driver:

• Speeds through an intersection,
• Looks at a phone instead of the road,
• Fails to yield in a crosswalk,
• Runs a red light or stop sign, or
• Drives under the influence of alcohol or drugs.

In these situations, the driver may be legally responsible for the injuries that follow.

When Pedestrians Share Responsibility

Pedestrians also have duties, such as crossing inside the crosswalk, waiting for the signal, and staying alert in traffic. If someone steps into the road against the light or outside of a marked crossing, they may share some responsibility for the accident.

Many states use a comparative fault system, where the percentage of fault reduces compensation. Virginia, however, follows contributory negligence. This means that even if you are found just 1% at fault, you may be barred from recovering compensation. It's one of the strictest rules in the country, making gathering strong evidence essential.

How Liability Is Proven

Evidence can come from several sources, including:

• The police report taken at the scene;
• Witness statements about what they saw;
• Traffic or security camera footage;
• Photos of the intersection, vehicle, and injuries; and
• Cell phone records if distracted driving is suspected.

These details help establish whether the driver violated traffic laws or whether the pedestrian contributed to the accident. Together, they provide a clearer record of what happens when you get hit by a car as a pedestrian and how responsibility is assigned.

Special Situations in Pedestrian Accidents

Some pedestrian accidents raise extra questions about how to move forward. If the driver leaves the scene or if the person hit is a child, the steps after the crash may look different than those in a crosswalk case.

Hit-and-Run Accidents

It is jarring enough to be struck by a car. When the driver speeds off instead of stopping, it leaves victims without answers and with bills piling up. Police reports, surveillance footage, and eyewitness accounts often become the only way to track down the driver. If the driver is never found, your own uninsured motorist coverage may be the main source of help for medical expenses and lost income.

Children Injured While Walking

Children are especially at risk near schools, bus stops, and in neighborhoods where drivers may not expect them to dart into the street. The law recognizes that children cannot be held to the same standard of judgment as adults. In these cases, the focus generally shifts to the driver's behavior, such as whether they slowed down in a school zone, obeyed bus stop signs, or paid attention in residential areas.

Accidents in Parking Lots

Parking lots combine moving cars with people walking in all directions. A driver backing out of a space while looking over their shoulder for traffic may miss the child walking behind them. Even low-speed impacts in a lot can cause broken bones, concussions, or severe back injuries. Cases like these can hinge on whether the driver was paying close enough attention to pedestrians in a crowded, shared space.

Nighttime or Poor Visibility Conditions

Pedestrian accidents are common in the evening or in poor weather, when it is harder for drivers to see clearly. A driver may claim they "just didn't see" the person they hit, but that is not an excuse under the law. Drivers are expected to slow down, use headlights, and adjust for dark or rainy conditions. If they fail to do so, they can be held responsible for the injuries that result.

Legal Options After a Pedestrian Accident

Being hit by a car brings costs that stretch far beyond the first hospital bill. Virginia law allows injured pedestrians to pursue compensation, but the types of damages fall into two broad categories: economic and non-economic.

Economic Damages

These are the measurable, financial losses tied directly to the accident. They include:

• Medical treatment: emergency care, surgery, hospital stays, physical therapy, or medication.
• Lost income: wages missed while recovering, as well as the impact of reduced earning ability if the injuries affect long-term employment.
• Property damage: the cost of replacing or repairing personal items damaged in the accident, such as glasses, clothing, or a phone.

Non-Economic Damages

These account for the personal impact of the accident, which does not come with a receipt or invoice but can weigh heavily on daily life:

• Pain and suffering: physical discomfort and ongoing medical issues caused by the injuries.
• Emotional distress: anxiety, depression, or post-traumatic stress linked to being struck.
• Loss of enjoyment of life: limits on hobbies, exercise, or social activities that were part of your normal routine before the accident.
• Scarring or disfigurement: lasting changes to appearance that affect confidence or quality of life.

Every pedestrian accident is different. People sometimes ask about the average payout for pedestrian hit by a car cases, but there isn't a single number. The outcome depends on factors such as medical expenses, lost income, and the determination of fault. The pedestrian accident attorneys at Smith Law Center can assess your situation and pursue the compensation that reflects the full impact of your injuries.

Call Smith Law Center Today

A walk to school, the store, or even down your own street should not end with hospital visits and time away from work. When it does, you may have the right to take action.

Smith Law Center has over 75 years of experience representing pedestrians who have been hit by cars. We fight for compensation that reflects the real impact of your injuries.

Call (757) 244-7000 or contact us online for a free case review.