Pedestrian Hit-and-Run Accidents: What Victims Should Do

There are few moments more terrifying and infuriating than a hit-and-run accident. You are walking legally—perhaps in a crosswalk or on a sidewalk—when a vehicle strikes you. Then, instead of stopping to help, the driver speeds away, leaving you injured and alone on the pavement.

In that instant, your life changes. You are left with physical pain, mounting medical bills, and a burning question: Who is going to pay for this?

Pedestrian hit-and-run cases are on the rise across the country. According to the National Highway Traffic Safety Administration (NHTSA), fatalities in hit-and-run crashes have been increasing year over year. While the driver committed a serious crime by fleeing, the criminal justice system focuses on punishment, not necessarily your financial recovery.

If you are the victim of a pedestrian hit and run, you might assume you have no legal options because the driver is unknown. Fortunately, this is rarely the case. There are specific avenues for compensation available to you, but you must act quickly to preserve them. This guide outlines the immediate steps you must take and how to file a pedestrian crash claim even when the driver is never found.

Immediate Steps: Preserving Evidence at the Scene

The moments immediately following a crash are chaotic. You may be in shock or severely injured. However, because the driver has fled, the evidence at the scene is the only link you have to potential justice.

1. Call 911 Immediately

Do not hesitate. You need police and paramedics on the scene right away. The police report is the single most important document in your case. Without an official police report filed promptly (usually within 24 hours), most insurance companies will deny your claim outright. They need proof that a hit-and-run actually occurred and that you weren’t injured in an unrelated incident.

2. Do Not Chase the Driver

It is a natural instinct to want to catch the person who hurt you, but trying to chase a fleeing vehicle is dangerous. You could be hit by another car, or the fleeing driver could become violent. Instead, try to memorize details:

• License Plate: Even a partial plate number is incredibly helpful.
• Vehicle Description: Make, model, color, and any unique damage or stickers.
• Direction of Travel: Which way did they go?

3. Identify Witnesses

Bystanders are your best resource. People who saw the accident may have seen the license plate or noticed details you missed. Ask for their names and phone numbers before they leave. Their testimony can validate your version of events to an insurance adjuster later.

4. Look for Cameras

We live in a surveillance age. Look around the scene for:

• Traffic cameras at intersections.
• Security cameras on nearby businesses or ATMs.
• Dashcams in other vehicles that stopped.
• Video doorbells (like Ring) on nearby homes.

Your hit and run lawyer can send legal preservation letters to ensure this footage isn’t deleted, but knowing where to look is the first step.

Seeking Medical Attention

Even if you think you just have bruises, you must see a doctor immediately. The adrenaline from the shock can mask serious injuries like internal bleeding, hairline fractures, or concussions.

From a legal standpoint, delaying medical care is a mistake. Insurance companies look for “gaps in treatment.” If you wait three days to see a doctor, the insurer will argue that your injuries were not caused by the pedestrian hit and run, or that they aren’t as serious as you claim. Immediate medical records serve as irrefutable proof of your injury.

How to Get Compensation If the Driver Is Never Found

This is the biggest fear for victims: If we can’t find the driver, am I stuck with the bills?

The answer is usually no. Even if the police never catch the criminal, you likely have coverage available through your own insurance policies.

Uninsured Motorist (UM) Coverage

This is the primary source of recovery in hit-and-run cases. Most auto insurance policies include Uninsured Motorist (UM) coverage. Here is the critical detail most people miss: UM coverage follows the person, not the vehicle.

This means that if you have auto insurance for your own car, you can likely file an uninsured driver claim under your own policy, even though you were walking at the time of the accident. Your insurance treats the fleeing driver as an “uninsured motorist” because they cannot be identified to pay for the damages.

What If You Don’t Have a Car?

If you don’t own a car and don’t have auto insurance, you may still be covered under:

• A household family member’s policy: If you live with a spouse or parent who has auto insurance, their UM coverage often extends to resident relatives.
• Victims’ Compensation Funds: Many states manage funds specifically to help victims of violent crimes cover medical bills and lost wages.
• Health Insurance: Your private health insurance or Medicare/Medicaid will pay your medical bills, though they will not cover lost wages or pain and suffering.

The Role of a Hit and Run Lawyer

Handling a claim against your own insurance company might sound easy—after all, you pay them premiums every month. However, the dynamic changes the moment you file a significant claim.

In a UM claim, your insurance company steps into the shoes of the at-fault driver. This means they suddenly have a financial incentive to doubt your story, downplay your injuries, and minimize your payout. They become your adversary.

A specialized hit and run lawyer protects your interests by:

1. Proving the “Phantom Vehicle” Existed

Some insurance policies require proof that a hit-and-run actually happened. They are wary of fraudulent claims where someone trips on a sidewalk and tries to blame a car. Your lawyer will use the police report, witness statements, and medical analysis of your injuries (which are distinct from trip-and-fall injuries) to prove contact with a vehicle occurred.

2. Navigating “Physical Contact” Rules

Some states require there to be actual physical contact between the vehicle and your body to qualify for a hit-and-run claim. If a car swerved at you, causing you to jump out of the way and break your leg, but the car never touched you, the insurer might deny the claim. An attorney knows the specific case law in your state and how to argue these “miss-and-run” scenarios effectively.

3. Maximizing the Pedestrian Crash Claim Value

Because you cannot sue the absent driver for pain and suffering, your only source of non-economic damages (compensation for pain, trauma, and disability) is your UM policy limit. Your attorney will fight to ensure you get the maximum amount available under your policy, rather than the low settlement the adjuster will offer initially.

Common Hit-and-Run Injuries

Pedestrians have zero protection. When struck by a vehicle, the primary impact is often with the bumper (shattering legs or pelvis), followed by a secondary impact with the hood, windshield, or the ground (causing head and spinal trauma).

Common injuries requiring long-term care include:

• Traumatic Brain Injuries (TBI): Can lead to permanent cognitive decline.
• Spinal Cord Injuries: Resulting in partial or full paralysis.
• Complex Fractures: Often requiring surgical installation of rods and screws.
• Road Rash and Disfigurement: Permanent scarring that requires plastic surgery.

According to the AAA Foundation for Traffic Safety, nearly 65% of people killed in hit-and-run crashes are pedestrians or cyclists. For survivors, the road to recovery is long and expensive.

Conclusion: Don’t Give Up Hope

Being the victim of a hit-and-run is a deeply violating experience. It can make you feel powerless, as if the person who hurt you got away with it. While the criminal justice system may or may not catch the driver, the civil justice system offers a path forward.

You have rights, and there are resources available to help you rebuild. Do not assume you have to pay for a criminal’s negligence. Contact a qualified attorney to review your insurance policies and explore every avenue for compensation. Whether through an uninsured driver claim or state funds, help is available.

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