Pedestrian Car Accident Claims: Who Pays

In short

Who pays first depends on your state. In at-fault states, the driver's bodily injury liability coverage pays for injuries the driver causes to someone else (Triple-I), and your own medical payments coverage may help: Texas's insurance department says it pays if you're hurt while walking. In the 12 no-fault states, personal injury protection (PIP) pays first, and each state's law decides whose policy covers a pedestrian.
In Michigan, PIP for a pedestrian hit by a car comes from a policy that names you, then one that names your spouse or a relative you live with, then the Michigan Assigned Claims Plan, which must be notified within one year (MCL 500.3114(1), 500.3115, 500.3174).
Fault turns on the rules of the road for drivers and for people walking. In Michigan, state law requires drivers facing a green light, including those turning, to yield to pedestrians lawfully in the intersection or an adjacent crosswalk. Where a city, township or village has adopted the Uniform Traffic Code, a driver at a crosswalk without working signals must also yield to a pedestrian on the driver's half of the road or approaching closely enough from the other half to be in danger (MCL 257.612(1)(a), 257.951(1); Mich Admin Code R 28.1702).
Being partly at fault usually reduces what you recover rather than ending the claim (Cornell LII). In Michigan, being more than 50% at fault bars pain and suffering, and PIP is paid without regard to fault (MCL 600.2959, 500.3135(2)(b), 500.3105(2)).
In Michigan, give written notice to the PIP insurer or the Assigned Claims Plan within one year of the crash, and file most lawsuits against the driver within three years (MCL 500.3145(1), 500.3174, 600.5805(2)). Other states set their own deadlines.

A car hit you while you were walking, or hit someone in your family, and now there are medical bills, missed work and an insurer asking questions. If you’re not sure who is supposed to pay, or whether the way you crossed will be held against you, that’s a normal place to be. In most states, the driver’s liability insurance pays for injuries the driver caused. In Michigan, a no-fault state, your own household’s auto insurance usually pays your medical bills first, even though you were on foot. Fault turns on the rules of the road for drivers and for people walking, and on the evidence.

In 2024, 7,080 pedestrians died in U.S. traffic crashes and an estimated 71,635 were injured, according to the National Highway Traffic Safety Administration (NHTSA). Most of the deaths happened in the dark (76%) and away from intersections (73%), and NHTSA’s 2024 death figures may still be revised. Michigan’s count is broader than NHTSA’s: it also includes people on skates, skis or horseback and in non-motorized wheelchairs. By that count, crashes there killed 184 pedestrians in 2025 and injured 1,810, 444 of them with suspected serious injuries (Michigan Traffic Crash Facts). Michigan’s rules are in the boxes marked “In Michigan.”

Hit by a car while walking and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.

What should you do after a pedestrian car accident?

Get out of traffic and call 911. Call the police if anyone was hurt or the driver left, and note the officer’s name and badge number (Texas Department of Insurance, or TDI).
Get the driver’s name, address, phone number, plate number and insurer, and witnesses’ contact details. Independent witnesses can help prove fault (TDI).
Photograph the scene: the crosswalk, signals, lighting, the car and your injuries. Note the time, place and weather (TDI), and ask nearby businesses for video before it’s recorded over.
Get medical care the same day or the next, and describe every symptom (what to watch for after a crash).
Tell your own auto insurer, even though you were walking. Most companies have claim deadlines, and your medical payments coverage may pay (TDI). You have no contract with the driver’s insurer, whose main obligation is to its own policyholder (Utah Insurance Department), so get advice before giving it a recorded statement.

Who pays when a car hits a pedestrian?

After a pedestrian road accident, who pays first depends on your state. Triple-I, an insurance industry research group, counts 12 no-fault states, including Michigan.

In an at-fault state, you claim against the driver’s bodily injury liability coverage, which applies to injuries a driver causes to someone else, and lawsuits aren’t restricted (Triple-I).
In a no-fault state, personal injury protection (PIP) pays first, whoever caused the crash, and you can usually sue for pain and suffering only past an injury threshold (Triple-I). Each state decides whose PIP covers a pedestrian. In Florida, for example, a resident hit there who doesn’t own a car and isn’t covered by a relative’s policy generally claims PIP from the insurer of the car that hit them (Fla. Stat. § 627.736(4)(e)).
Your own coverage can help too. Medical payments coverage (MedPay), if you have it, may pay: TDI says it pays if you’re hurt while walking. Uninsured and underinsured motorist coverage (UM/UIM) can protect you if, as a pedestrian, you’re struck by an uninsured or underinsured driver (Triple-I). Health insurance can help when the driver’s limits fall short (TDI); see who pays your medical bills while you wait.

In Michigan: You claim PIP as someone who wasn't in a vehicle, so the driver's insurer pays it only if its policy also covers you. PIP comes from, in order (MCL 500.3114(1), 500.3115):

a Michigan auto policy that names you;
a policy that names your spouse or a relative you live with;
if no policy covers you, the Michigan Assigned Claims Plan, notified within one year (MCL 500.3174). As of September 2026, in most cases it pays up to $250,000 for medical care (MCL 500.3172(7), 500.3107c(1)(b)).

Without regard to fault, PIP pays medical care up to the policy's limit, most lost income for up to three years and up to $20 a day for household help (MCL 500.3105(2), 500.3107(1), 500.3107c). If you didn't live in Michigan at the time of the crash, you can't get Michigan PIP, even through the Assigned Claims Plan, unless you owned a vehicle registered and insured here (MCL 500.3113(c), 500.3173). See what Michigan PIP pays.

You can sue the driver for pain and suffering only if the crash caused death, serious impairment of body function or permanent serious disfigurement, and for medical costs and lost income beyond PIP's limits (MCL 500.3135(1), (3)(c)). See Michigan's serious impairment threshold.

How is fault decided in a pedestrian accident?

You generally must show that the driver owed you a duty of care, broke it and caused your injuries (Cornell Law School’s Legal Information Institute, or Cornell LII). In a car accident with a pedestrian, the questions are who had the right of way, what the driver could see and where you were crossing. A driver who breaks a safety law without an excuse can be treated as negligent as a matter of law, a rule called negligence per se that’s most often applied to traffic violations (Cornell LII).

The driver’s insurer handles claims like yours every day, and it may say you share the blame (TDI). That’s its position, not a finding.

What does a driver owe a pedestrian?

NHTSA reminds drivers to look for pedestrians everywhere, stop for them in crosswalks, never pass a vehicle stopped at a crosswalk and be ready to stop when turning.

In Michigan: A crosswalk includes the unmarked area that connects the sidewalks across an intersection, and any crossing marked on the road, at an intersection or elsewhere (MCL 257.10).

State law requires drivers to yield to pedestrians lawfully in the intersection or an adjacent crosswalk on a green light, including when turning, and to pedestrians lawfully in an adjacent crosswalk when turning on red; to give pedestrians the right of way during a "walk" signal; to take necessary precautions for someone using a wheelchair or walking aid at a crossing; and to drive slowly enough to stop within the assured, clear distance ahead (MCL 257.612(1)(a), (c)(ii), (4), 257.613(2)(a), 257.627(1)).
Local rules come from the Uniform Traffic Code, which applies where a city, township or village has adopted it (MCL 257.951(1)). At a crosswalk without working signals, drivers must yield to a pedestrian on their half of the road or approaching so closely from the other half as to be in danger. They must not pass a car stopped at a crosswalk for someone crossing, must stop before crossing a sidewalk from a driveway or alley and yield to pedestrians, and must use due care to avoid hitting any pedestrian on the road, taking proper precautions on seeing a child there (Mich Admin Code R 28.1437, 28.1702, 28.1703, 28.1716).

If jurors find a driver broke a state traffic law, they may infer negligence; breaking a local ordinance is evidence of negligence. Either way, they then decide whether it caused the crash (M Civ JI 12.01, 12.03). A ticket isn't the proof: evidence that the driver was convicted of, or found responsible for, a traffic violation can't be used in your lawsuit (MCL 257.731). See the legal duties every driver owes.

What does a pedestrian owe drivers?

NHTSA reminds people on foot to use a sidewalk or path, or else walk on the shoulder facing traffic; to cross at crosswalks or intersections when possible; and to wear reflective materials or use a flashlight at night.

In Michigan:

State law: don't walk on the main traveled part of the road where there's a sidewalk; without one, walk on the left side, facing traffic, when practicable (MCL 257.655). Don't start crossing on "don't walk." Where there are no pedestrian signals, yield to all vehicles if you start on a steady yellow, and enter on red only if it's safe and doesn't interfere with traffic (MCL 257.613).
Local rules, where the city, township or village has adopted the Uniform Traffic Code (MCL 257.951(1)): don't suddenly leave the curb into the path of a car too close to yield; when crossing anywhere other than within a marked crosswalk at an intersection, yield to all vehicles; and where traffic signals are operating, cross only in a marked crosswalk (Mich Admin Code R 28.1702, 28.1706, 28.1709).

Break a rule, and jurors may infer, or weigh as evidence, that you were negligent too (M Civ JI 12.01, 12.04).

What if you were partly at fault?

Most states reduce what you recover by your share of the fault and cut off recovery once your share reaches 50% or 51%. Alabama, Maryland, North Carolina, Virginia and Washington, D.C., can bar it for any fault (Cornell LII). In D.C., though, a pedestrian hit by a motor vehicle on a public road or sidewalk is barred only if their negligence helped cause the injury and was greater than all the defendants’ combined (D.C. Code § 50-2204.52). See each state’s shared-fault rule.

Is an insurer saying you stepped out too fast or crossed in the wrong place? Get a free case review. Four quick questions, no cost, no obligation.

What if the driver fled or had no insurance?

Nearly 1 in 4 pedestrians killed in U.S. traffic crashes in 2024 (24%) were struck by hit-and-run drivers (NHTSA). Uninsured motorist coverage can pay after a hit-and-run (TDI), but conditions apply. California’s law, for example, covers an unknown driver only if, among other conditions, the car made physical contact with you and the crash was reported to police within 24 hours (Cal. Ins. Code § 11580.2(b)). See what to do after a hit-and-run and how uninsured motorist claims work.

Do you need a pedestrian accident lawyer?

Not always. If your injuries healed quickly and your bills are paid, you may be able to handle the claim yourself. A lawyer makes more sense when:

you were seriously hurt, or an insurer says your injury isn’t serious enough
an insurer blames you, for example over where you crossed
the driver fled or was uninsured
insurers dispute who owes your PIP, or you need Michigan’s Assigned Claims Plan
someone died (wrongful death claims)

Get advice before you give a recorded statement or sign a release, which accepts the amount offered as all you’ll ever receive from the driver and the insurer (Utah Insurance Department).

To choose one, check the lawyer’s license and discipline record with your state’s licensing agency, and ask about pedestrian cases and how the fee works. In Michigan, a contingency fee in an injury case can’t exceed one-third of the recovery after case costs, and the agreement must be in writing (MCR 8.121(B), (C), (F)). Our directory of Michigan car accident lawyers compares firms by Google rating and the $1 million-plus results each reports on its own website; our lawyer directory covers Michigan for now. Past results don’t guarantee a similar outcome (how we rank firms).

Not sure whose insurance owes you, or how close your deadline is? Get a free case review. Four quick questions, no cost, no obligation.

What to do next

Get medical care, and keep every bill and record.
Send written notice on time. In Michigan, that’s within one year, to the PIP insurer or the Assigned Claims Plan (MCL 500.3145(1), 500.3174).
Keep the evidence: photos, witness names, the crash report number and any video.
Get a free case review. Tell us what happened in four quick questions, or compare Michigan car accident lawyers.

What waiting can cost

Your PIP benefits. In Michigan, missing the one-year notice can end your right to sue for them (MCL 500.3145(1)).
Your lawsuit. Michigan allows three years for most injury lawsuits (MCL 600.5805(2)). See deadlines by state and every Michigan injury deadline.
Evidence. Video gets recorded over, and witnesses get harder to find.

What a good outcome looks like

Your medical bills go to the right insurer and get paid, and your lost income is covered while you heal. Fault is decided on the evidence, such as the signal, the lighting and what the driver could see, not on assumptions about people on foot. If you were badly hurt, the driver’s insurance pays what your own coverage doesn’t. From wondering who pays after a car hit you on foot to knowing whose insurance owes you, how fault will be judged and when your deadlines fall.

For more, see our car accident lawsuit guide, bicycle accident claims and all our car, truck and motorcycle accident guides, or, in Michigan, the Michigan personal injury law reference.

Frequently asked questions

Who pays if a car hits me while I'm walking?

It depends on your state. In an at-fault state, you claim against the driver's bodily injury liability coverage, which applies to injuries a driver causes to someone else (Triple-I), and your own medical payments coverage may help; Texas's insurance department says it pays if you're hurt while walking. In a no-fault state, personal injury protection (PIP) pays first. In Michigan, it comes from a policy that names you, your spouse or a relative you live with, or from the Michigan Assigned Claims Plan if no policy covers you (MCL 500.3114(1), 500.3115).

Is the driver always at fault when a car hits a pedestrian?

No. Fault depends on what each person did. Drivers must yield to pedestrians in many situations, and pedestrians must follow signals and crossing rules. In Michigan, those rules come from the Vehicle Code and, where a city, township or village has adopted it, the Uniform Traffic Code (MCL 257.612, 257.613, 257.655, 257.951(1); Mich Admin Code R 28.1702, 28.1706). Being partly at fault usually reduces what you recover rather than ending the claim (Cornell LII). In Michigan, being more than 50% at fault bars pain and suffering, but PIP is paid without regard to fault (MCL 600.2959, 500.3135(2)(b), 500.3105(2)).

Can I still recover if I wasn't in a crosswalk?

In most states, yes, though your share of fault reduces what you recover and can end the claim past your state's cutoff (Cornell LII). In Michigan, where a city, township or village has adopted the Uniform Traffic Code, a pedestrian crossing anywhere other than within a marked crosswalk at an intersection must yield to all vehicles, and breaking a local ordinance is evidence of negligence (Mich Admin Code R 28.1706; M Civ JI 12.04). The same code requires drivers to use due care to avoid colliding with any pedestrian on the roadway (R 28.1716), and your PIP benefits don't depend on fault (MCL 500.3105(2)).

Does Michigan no-fault cover a pedestrian who doesn't own a car?

Usually, yes, if you live in Michigan. If no Michigan auto policy covers you, your spouse or a relative you live with, you claim PIP through the Michigan Assigned Claims Plan (MCL 500.3115). Notify the plan within one year of the crash. As of September 2026, in most cases it pays up to $250,000 for medical care (MCL 500.3172(7), 500.3174).

Does uninsured motorist coverage cover me as a pedestrian?

It can. Triple-I says uninsured and underinsured motorist coverage protects you if, as a pedestrian, you're struck by an uninsured or underinsured driver. Check your policy's wording and your state's law. California's, for example, covers the policyholder, their spouse and relatives who live with them, in a vehicle or not, and for an unknown hit-and-run driver requires, among other things, physical contact and a police report within 24 hours (Cal. Ins. Code § 11580.2(b)). UM isn't among the coverages Michigan requires (MCL 500.3101(1)).

Do I need a pedestrian accident lawyer?

Not always. If your injuries healed quickly and your bills are paid, you may not. A lawyer helps most when you were seriously hurt, an insurer blames you, the driver fled or was uninsured, or insurers dispute who owes your benefits. Check the lawyer's license and discipline record, and get the fee in writing. In Michigan, a contingency fee in an injury case can't be more than one-third of the recovery after case costs (MCR 8.121). Our Michigan directory compares car accident firms by Google rating and the $1 million-plus results each reports on its own website. Past results don't guarantee a similar outcome.

Sources

Pedestrians: 2024 Data (Traffic Safety Facts, DOT HS 813 818, June 2026) · National Highway Traffic Safety Administration
2025 Michigan Traffic Crash Facts: Pedestrians (fact sheet) · Michigan Traffic Crash Facts (University of Michigan, for the Michigan Office of Highway Safety Planning)
Background on: No-fault auto insurance · Insurance Information Institute (Triple-I)
What is covered by a basic auto insurance policy? · Insurance Information Institute (Triple-I)
Auto insurance guide (updated December 11, 2025) · Texas Department of Insurance
Accident not your fault? Here's how to deal with the other driver's insurance (updated April 24, 2025) · Texas Department of Insurance
Filing an auto claim with the other party's insurance company · Utah Insurance Department
Negligence (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Negligence per se (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Comparative negligence (Wex legal dictionary) · Legal Information Institute, Cornell Law School
D.C. Code § 50-2204.52, Contributory negligence limitation · Council of the District of Columbia
Cal. Ins. Code § 11580.2, Uninsured and underinsured motorist coverage · California Legislative Information
Fla. Stat. § 627.736, Required personal injury protection benefits; exclusions; priority; claims (2026) · Florida Legislature
MCL 257.10, "Cross-walk" defined · Michigan Legislature
MCL 257.612, Traffic control signals; yielding to pedestrians; wheelchair and walking-aid users · Michigan Legislature
MCL 257.613, Traffic control signals and pedestrian "walk" and "don't walk" signals · Michigan Legislature
MCL 257.617a, Duty to stop after a crash causing injury · Michigan Legislature
MCL 257.619, Duties of a driver involved in a crash, including with a person struck · Michigan Legislature
MCL 257.622, Duty to report crashes that injure or kill anyone · Michigan Legislature
MCL 257.627, Speed limits; careful and prudent speed; assured, clear distance ahead · Michigan Legislature
MCL 257.655, Pedestrians on highways · Michigan Legislature
MCL 257.731, Traffic convictions and civil infraction determinations inadmissible in civil actions · Michigan Legislature
MCL 257.951, Uniform Traffic Code; adoption by cities, townships and villages · Michigan Legislature
Uniform Traffic Code for Cities, Townships, and Villages, Mich Admin Code R 28.1001 et seq. (R 28.1437, 28.1702, 28.1703, 28.1706, 28.1709, 28.1716) · Michigan Office of Administrative Hearings and Rules
MCL 500.3101, Required no-fault security · Michigan Legislature
MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
MCL 500.3107, Allowable expenses, work loss and replacement services · Michigan Legislature
MCL 500.3107c, PIP medical coverage levels · Michigan Legislature
MCL 500.3113, People not entitled to PIP benefits · Michigan Legislature
MCL 500.3114, Order of priority for PIP claims · Michigan Legislature
MCL 500.3115, PIP claims by people who were not in a vehicle · Michigan Legislature
MCL 500.3135, Tort liability for noneconomic loss; serious impairment of body function · Michigan Legislature
MCL 500.3145, Limitations on actions for PIP benefits; notice of injury · Michigan Legislature
MCL 500.3172, Claims through the Michigan Assigned Claims Plan · Michigan Legislature
MCL 500.3173, People disqualified from PIP are also disqualified from the Assigned Claims Plan · Michigan Legislature
MCL 500.3174, One-year notice to the Assigned Claims Plan · Michigan Legislature
MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
MCL 600.2960, Burden of alleging and proving fault · Michigan Legislature
MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
Michigan Model Civil Jury Instructions (updated July 21, 2026): M Civ JI 10.06, 12.01, 12.03, 12.04 and 13.08 · Michigan Supreme Court
Michigan Court Rules (updated September 2, 2026): MCR 8.121, Contingent fees in personal injury and no-fault cases · Michigan Supreme Court

Updated October 21, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

Pedestrian Accident Claims: Your Rights When a Car Hits You on Foot