The driver must stop, call emergency services, and exchange information with the pedestrian
When a driver hits a pedestrian, the law requires the driver to stop when ready at or near the scene. The driver must call 911 if the pedestrian is injured, even if the injury appears minor. The driver must remain at the scene until police arrive and take a statement, and must provide their name, address, phone number, driver's license number, vehicle registration, and insurance information to the pedestrian or police.
Leaving the scene before police arrive or before providing this information is a crime in every state — typically charged as hit-and-run. The penalties range from misdemeanor charges with fines and possible jail time to felony charges if the pedestrian dies or suffers serious injury. A hit-and-run conviction can result in license suspension or revocation, increased insurance rates, and a permanent criminal record.
The driver should not admit fault at the scene, but should cooperate with police and answer their questions. Anything the driver says can be used in both criminal and civil proceedings. Many drivers benefit from contacting their insurance company and a lawyer before giving a detailed statement beyond what police require.
Key Takeaways
- The driver must stop, call 911 if anyone is injured, and remain at the scene until police arrive and take information.
- Leaving the scene is a crime in every state, with penalties ranging from misdemeanor fines to felony charges depending on the severity of injury.
- Police will investigate and determine whether the driver violated traffic law, and the pedestrian or their family may file a civil lawsuit for damages.
- The driver's insurance company will investigate the claim and may cover medical expenses and other damages, depending on the policy and who was at fault.
- Fault is determined by traffic law, witness statements, police reports, and sometimes accident reconstruction — not by who was hit.
How police determine fault at the scene
Police respond to the scene and interview both the driver and the pedestrian (or witnesses if the pedestrian cannot speak). The officer documents the location, weather, road conditions, traffic signals, and the position of the vehicle and pedestrian. The officer also notes any visible injuries, damage to the vehicle, and skid marks or other physical evidence.
The officer will determine whether either party violated traffic law. Common violations include the driver failing to yield to a pedestrian in a crosswalk, driving too fast for conditions, running a red light, or driving while impaired. The pedestrian may also have violated law — for example, by crossing against the signal or outside a marked crosswalk. The officer writes a report that typically includes a information of fault or notes that fault is unclear.
The police report is not a final judgment of liability. It is one piece of evidence that may be used later in court or in insurance settlement negotiations. A driver cited at the scene can still contest the citation, and a driver not cited can still be found liable in a civil lawsuit.
Criminal charges the driver may face
If the pedestrian dies or suffers serious injury, the driver may face criminal charges. The specific charge depends on the driver's conduct and the severity of harm. A driver who was obeying traffic law but struck a pedestrian who ran into the street may face no charges. A driver who was speeding, distracted, or impaired may face charges ranging from reckless driving to vehicular assault or vehicular homicide.
Reckless driving is typically a misdemeanor and applies when the driver's conduct showed a disregard for safety — for example, driving 20 miles per hour over the speed limit in a residential area. Vehicular assault is usually a felony and applies when the driver's conduct caused serious bodily injury — for example, driving while intoxicated and hitting a pedestrian. Vehicular homicide is a felony and applies when the driver's conduct caused death.
A criminal conviction is separate from civil liability. A driver can be acquitted of criminal charges but still found liable in a civil lawsuit, or convicted of a crime and also ordered to pay damages to the pedestrian. The standard of proof is different: criminal conviction requires proof beyond a reasonable doubt, while civil liability requires proof by a preponderance of the evidence (more likely than not).
Civil liability and insurance claims
The pedestrian or their family may file a civil lawsuit against the driver to recover damages for medical expenses, lost wages, pain and suffering, and other losses. The pedestrian's lawyer will file a claim with the driver's auto insurance company, which will investigate the accident and determine whether the driver was at fault under the policy.
Most auto insurance policies include liability coverage, which pays for injuries and property damage the driver causes to others. The policy has a coverage limit — for example, $25,000 per person or $50,000 per accident. If the pedestrian's damages exceed the policy limit, the driver may be personally liable for the difference, and the pedestrian's lawyer may pursue a judgment against the driver's personal assets.
Insurance companies often settle claims without a lawsuit. The pedestrian's medical records, bills, and lost wage documentation are submitted to the insurance adjuster, who makes an offer. If the offer is rejected, the pedestrian's lawyer may file a lawsuit in civil court. The case may be resolved through settlement, mediation, or trial.
Comparative fault and how it affects damages
Many states follow comparative fault rules, which means both the driver and the pedestrian can share responsibility for the accident. For example, a driver may have failed to yield to a pedestrian in a crosswalk, but the pedestrian may have been looking at their phone and not paying attention. In this case, a jury might find the driver 70 percent at fault and the pedestrian 30 percent at fault.
In pure comparative fault states, the pedestrian can recover damages even if they were partially at fault — but the amount is reduced by their percentage of fault. If the pedestrian's total damages are $100,000 and they are found 30 percent at fault, they recover $70,000. In modified comparative fault states, the pedestrian can only recover if they are less than 50 percent at fault (or in some states, 51 percent or less). A few states follow contributory negligence rules, which bar recovery entirely if the pedestrian was at all at fault.
The driver's insurance company will argue for a higher percentage of pedestrian fault to reduce the payout. The pedestrian's lawyer will argue for a lower percentage. The information is made by a jury at trial or agreed upon in settlement negotiations.
What happens to the driver's license and insurance
A conviction for reckless driving, vehicular assault, or vehicular homicide will result in license suspension or revocation. The length of suspension varies by state and the severity of the charge — typically 6 months to 3 years for a misdemeanor, and 1 to 5 years or permanent revocation for a felony. The driver must complete a hearing or appeal process to reinstate the license.
Even without a criminal conviction, the accident will appear on the driver's record and will increase auto insurance rates. Insurance companies use accident history to calculate premiums, and a driver who caused an accident will pay higher rates for 3 to 5 years. Some insurance companies may drop the driver entirely, forcing them to seek coverage from a high-risk insurer at much higher cost.
If the driver was cited for a traffic violation at the scene, they can contest the citation in traffic court. Paying the fine or pleading guilty will result in points on the driving record, which also increases insurance rates and can lead to license suspension if too many points accumulate.
Steps to take when ready after hitting a pedestrian
Stop the vehicle when ready and turn on hazard lights. Call 911 and report the accident, giving the location and describing any injuries. Do not move the vehicle unless it is blocking traffic and unsafe to leave in place. If the pedestrian is conscious and not severely injured, ask if they need medical attention.
Provide your name, address, phone number, driver's license number, vehicle registration, and insurance information to the pedestrian and police. Do not discuss fault or apologize for the accident — statements like "I'm sorry" or "This is my fault" can be used against you in court. Answer police questions directly and honestly, but do not volunteer information beyond what is asked.
Take photos of the scene, the vehicle damage, the pedestrian's injuries (if they consent), traffic signals, road markings, and any skid marks or debris. Get the names and phone numbers of any witnesses. Write down the police officer's name and badge number, and ask for a copy of the police report number so you can obtain the full report later.
Contact your insurance company and a lawyer before giving a detailed statement. Your insurance company will assign an adjuster to investigate the claim. A lawyer can advise you on what to say to police and insurance, and can represent you if criminal charges are filed or if the pedestrian sues.
Frequently Asked Questions
Can I be charged with a crime if the pedestrian was jaywalking?
Possibly. A pedestrian jaywalking does not automatically shield a driver from criminal charges. If you were speeding, distracted, or impaired, you may still face charges even if the pedestrian was at fault. However, the pedestrian's jaywalking is a strong defense and may result in no charges or reduced charges. The prosecutor will consider the driver's conduct, not just the pedestrian's.
What if I did not know I hit someone?
If you genuinely did not know you hit a pedestrian, you should report the accident to police as soon as you realize it. Leaving the scene is still a crime, but reporting it voluntarily and cooperating with police may result in reduced charges. Claiming you did not know is difficult to prove and is often viewed skeptically by prosecutors and juries.
Will my insurance pay if I was at fault?
Yes, liability coverage will pay the pedestrian's damages up to your policy limit, regardless of whether you were at fault. That is what liability coverage is for. However, your rates will increase, and your insurance company may drop you after the claim. If the pedestrian's damages exceed your policy limit, you are personally liable for the difference.
How long does a civil lawsuit take?
A civil lawsuit typically takes 1 to 3 years from filing to settlement or trial, depending on the complexity of the case, the court's schedule, and whether the parties are willing to settle. Many cases settle within 6 to 12 months. During this time, the pedestrian's lawyer will gather medical records, obtain informed opinions, and negotiate with the insurance company.
Can I be sued even if I was not cited by police?
Yes. A police citation is not required for a civil lawsuit. The pedestrian can sue based on the accident report, witness statements, medical records, and other evidence. A lack of citation may help your defense, but it does not prevent a lawsuit from being filed.