Being struck by a car while walking, crossing the street, or standing on a sidewalk happens fast — and the moments right after can shape your entire recovery and claim. Unlike a car-to-car collision, you likely don’t have a vehicle to pull over, hazard lights to turn on, or another set of mirrors and dashcams recording what happened. What you do in the first few minutes matters even more.
Here’s what pedestrian accident attorneys consistently tell clients to do right away.
1. Get to Safety, But Don’t Leave the Scene
If you’re able to move and you’re still in the roadway, get to the sidewalk or shoulder. Don’t leave the area entirely, even if the driver says it’s “no big deal” — leaving before police arrive can make it harder to prove what happened later.
2. Call 911 — Even If You Feel “Fine”
Adrenaline masks pain. Injuries like concussions, internal bleeding, and soft tissue damage often don’t show symptoms for hours or even days. Calling 911 does two things: it gets you evaluated by paramedics on the scene, and it creates an official police report — one of the most important pieces of evidence in a pedestrian accident claim.
3. Get the Driver’s Information Before Anyone Leaves
Drivers are legally required to stop and identify themselves after hitting a pedestrian, but get their name, phone number, license plate, and insurance information yourself if you’re able to. If the driver tries to leave, get the license plate and a description of the vehicle — this becomes critical if it turns out to be a hit-and-run.
4. Find Witnesses Before They Walk Away
Bystanders who saw the crash often leave the scene once first responders arrive. If you’re physically able, or can ask someone nearby to help, get names and phone numbers from anyone who saw what happened. Witness accounts are often the deciding factor in pedestrian cases, since fault can otherwise come down to your word against the driver’s.
5. Photograph the Scene Before It Changes
If you’re able, take photos of the crosswalk or intersection, the vehicle’s position, any traffic signals or signs, skid marks, and your visible injuries. Crosswalk striping fades, signal timing gets forgotten, and vehicles get repaired — the scene won’t look the same tomorrow.
6. See a Doctor the Same Day
Beyond your health, a same-day medical record links your injuries directly to the crash. A gap of even a few days gives an insurance company room to argue your injury happened some other way.
7. Be Careful What You Say to the Driver or Their Insurance
It’s natural to want to reassure everyone that you’re okay. Avoid saying “I’m fine” or apologizing at the scene — those words get repeated later. If the driver’s insurance company calls asking for a recorded statement, you’re not required to give one before speaking with a lawyer.
Fault in Pedestrian Accidents Isn’t Always Obvious
Even when a driver clearly caused the crash, insurance companies frequently try to shift some blame onto the pedestrian — arguing about jaywalking, distraction, or visibility. How fault gets determined in these cases is its own topic; we cover it in detail in Pedestrian Accident Liability: Who’s Responsible?
When to Call a Pedestrian Accident Lawyer
Ideally, before you give any statement to an insurance company. Pedestrian injuries tend to be more severe than injuries in car-to-car collisions, since there’s no vehicle frame absorbing the impact, and claims often involve disputes over fault that are harder to navigate without legal guidance from the start.
Frequently Asked Questions
What if the driver who hit me doesn’t stop? Try to get the license plate, vehicle description, and any details about the driver. Report it to police immediately as a hit-and-run — you may still have options through your own insurance policy’s uninsured motorist coverage.
Can I still file a claim if I was partly at fault, like crossing outside a crosswalk? Often, yes. Depending on the state, you may still recover compensation even if you share some responsibility, though it can reduce the amount. A lawyer can explain how this works in your specific situation.
How soon should I contact a lawyer after being hit as a pedestrian? As soon as possible, ideally before speaking with the driver’s insurance company or accepting any settlement offer.
If you or someone you love has been hit by a car while walking, our pedestrian accident attorneys offer a free, no-obligation consultation. Learn more about how fault is determined in pedestrian accidents, or read why it pays to talk to a lawyer before any insurance company.