What to Do if You Get Hit by a Car
If you’re hit by a car, first check yourself for injuries. Then, exchange information with the driver who hit you, call the police, and contact your insurer.
Written by Sarah Gray
Reviewed by Kathleen Flear
If you’re hit by a car, your first concern should be your well-being and safety—check for and document any injuries first. Then, exchange information with the driver who hit you, call the police, and contact your insurance provider.
Pedestrian-car accidents are much more common than you may think. According to the National Highway Transportation Safety Administration (NHTSA), in 2020 alone, 6,516 pedestrians were killed and another 54,769 were injured in traffic accidents. Preliminary reports for 2021 indicate record-high numbers.
One of the first things you’ll likely wonder after being struck by a car is, “What do I do now?”
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and car insurance
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1. Assess your injuries
Your safety and well-being are most important, so the first thing you should do is assess your injuries.
- What areas of your body are in pain?
- Can you see visible injuries?
- Are your clothes torn or damaged?
- Feel your face, head, and extremities for blood or tenderness.
Due to the nature of car vs pedestrian accidents, you may not be able to do this on your own.
What if you’re incapacitated?
If you’re unconscious or even just too dazed to focus, the responsibility for injury assessment will fall to the driver who hit you and or witnesses to the event. This is why it’s important to ensure others will be able to assist you in getting medical help.
- Input In Case of Emergency (ICE) Contacts and information in your phone—when you designate contacts in your phone as ICE contacts, swiping or tapping the Emergency or Emergency Call button allows bystanders or first responders to access your information and contact others who can help you.
- Always carry identification and insurance information—even outside of emergency situations, it’s always a good idea to carry some kind of identification andproof of insuranceto ensure you can access the help and services you need.
Key Takeaway Ensuring access to your emergency and insurance information can save your life.
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Document the scene and your injuries
If you’re able, use your phone’s camera or notes feature to document your injuries and anything at the scene of the accident that may be helpful in establishing what happened:
- Photograph any injuries
- Photograph torn clothing as it could indicate underlying injuries
- Take pictures of crosswalks and traffic signal devices
- Photograph any vehicle damage
- Gather names and contact information from any witnesses
Exchange contact and insurance information
One of the most important things to do after being struck by a car is to gather contact and insurance information from the driver who struck you. Record the driver’s insurance policy information, as well as their
- Name
- Phone number
- Email address
If the driver isn’t the owner of the car, you should get the car owner’s information as well.
Do not discuss fault on the scene
If you’re hit by a car, it’s natural to assume the driver is at fault, but that’s not always the case. Naturally, a driver can be found negligent in a car vs. pedestrian accident for a number of reasons:
- Running a red light or stop sign
- Failing to yield to a pedestrian in a crosswalk
- Failing to slow or stop for a pedestrian crossing any street or highway where foot traffic isn’t prohibited
- Driving too fast or failing to yield to pedestrians in a parking lot
It may surprise you to know that pedestrians can be found at fault in car vs. pedestrian accidents as well. Here are a couple of situations in which a pedestrian would shoulder the blame:
- Walking in an area where foot traffic is prohibited—this includes most highways and bridges
- Jaywalking or crossing the street illegally
Fault is a situation best discussed with your insurance provider and/or lawyer after you’ve had time to recover from the accident.
Call the police
Police and first responders will create the most detailed and specific reports. That’s why even if you don’t feel injured, and you don’t call for medical aid, you still need to report the accident to the police. In fact, many states make it a legal requirement to report any accident within a particular amount of time, and failure to do so could result in tickets and fines for both you and the driver who hit you, regardless of who’s at fault for the accident.
Contact your car insurance provider
Certainly, physical injuries are your most pressing concern, but most car insurance policies have coverage for these types of accidents baked in. This is important no matter what the circumstances, but especially if you’re struck by a driver who doesn’t have
adequate insurance or who has no insurance at all
. It's almost always a good idea to report any type of accident to your insurance company.Seek professional legal assistance
Filing a claim with the insurance provider of the driver who hit you will not always be enough. Being hit by a car is a serious situation, and you may have lasting physical, emotional, and financial difficulties that a basic insurance settlement may not cover. If the circumstances of your accident necessitate filing a personal injury suit to collect damages, your best chance of receiving compensation is with professional legal representation.
Most states allow injured persons to file claims to collect both economic and non-economic damages:
- Economic damages include medical bills, lost wages, lost employment or business opportunities, loss of use of property, and burial expenses.
- Non-economic damages include pain and suffering, mental suffering, inconvenience, and humiliation.
A personal injury lawyer can help you understand the types of damages you may be entitled to, and they can also help you navigate things like statutes of limitations, or
how long you have to file a claim
.In addition, a lawyer can help you understand your state’s comparative negligence laws, which is how insurance companies, judges, and juries determine percentages of fault in a personal injury claim.
Comparative negligence vs. contributory negligence
There are three types of comparative negligence: pure comparative negligence, partial or modified comparative negligence, and contributory negligence. Each state follows one of these legal principles.
- Pure comparative negligence: An injured party collects damages according to their percentage of fault.
- Partial/modified comparative negligence: An injured party may only collect their percentage of damages if they’re found to be less than 50 or 51% at fault (depending on the state).
- Contributory negligence: An injured party may only collect damages if they’re found to be 100% not at fault.
However, if you’re in a
no-fault state
, like New Jersey, for example, your options for claiming additional damages outside of what your insurance covers will be limited. Rather than getting a do-it-yourself law degree, reach out to a legal professional for assistance in better understanding all your options.Protect yourself in and out of your car with Jerry
Getting hit by a car could be a nightmare situation—especially if the driver who hit you doesn’t have or isn’t carrying adequate
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FAQ
Can a pedestrian be at fault if they’re hit by a car?
Yes. If the pedestrian is crossing the street outside of a designated location or is otherwise negligent, they could be at fault if they’re hit by a car.
