What Happens If You Accidentally Hit a Pedestrian?

Most motor vehicle accident cases involve two (or more) cars. Rarely do they involve pedestrians. However, when a motorist hits a pedestrian with their car, the pedestrian tends to suffer serious injuries, regardless of how minor the impact. It should come as no surprise that drivers in pedestrian accidents often face serious consequences due to the crash.

When a motorist hits a pedestrian, be it in a crosswalk or on a local road, they can face both criminal and civil penalties. The fault in pedestrian accidents varies depending on the specific circumstances. While pedestrians can share fault in certain situations, drivers often bear significant responsibility due to their duty of care.

Here, we’ll describe the most common causes of pedestrian accidents and discuss the potential criminal and civil consequences of being involved in them. We will also explore whether a pedestrian can ever be partially at fault for a pedestrian accident.

If you’re facing criminal charges after a pedestrian accident, or if the victim in a pedestrian accident is suing you for damages, it’s important to have someone on your side. Contact a criminal defense lawyer or a personal injury defense attorney right away to discuss your case.

Common Causes of Pedestrian Accidents

When the police officer arrives at the accident scene, they will do a thorough investigation and include their findings in their official police report. They will also attempt to determine fault based on the position of the vehicles, the victims’ injuries, and statements from the people involved in the crash.

Some of the more common causes of these incidents include:

• Speeding
• Distracted driving/texting and driving
• Failure to yield
• Driving through a red light or stop sign
• Not honoring the pedestrian’s right of way
• Hit-and-run
• Driving on the shoulder of the roadway and hitting a person on the side of the road
• Jaywalking
• Driving under the influence (DUI)
• Reckless driving

Of course, any traffic infraction can lead to a pedestrian accident. For example, a biker may be speeding and lose control of their motorcycle, running over a jogger in the process. The victim in any motorcycle accident is likely to suffer severe injuries. However, an injured pedestrian is lucky to survive this type of accident.

Depending on the specific facts of the pedestrian accident, the at-fault driver may face criminal and civil liability.

Civil and Criminal Consequences of Hitting a Pedestrian with Your Motor Vehicle

If you are in a pedestrian accident, you may be dealing with criminal and civil penalties. If the police find that you committed a traffic infraction or broke some other law at the time of the accident, you could face possible criminal charges. And, if the pedestrian suffers serious injuries, they will file a claim against your car insurance policy.

Ideally, you’ll walk away with a minor traffic ticket, and your car insurance company may cover some or all of the accident victim’s claim, depending on your coverage.. However, if the pedestrian dies as a result of the accident, you may face vehicular manslaughter charges or worse. You will also likely face a wrongful death lawsuit at the hands of the victim’s family and loved ones.

We will discuss both types of consequences in more detail below.

Possible Criminal Charges for Hitting a Pedestrian with Your Car

If you hit a pedestrian with your vehicle and they suffer serious bodily injuries or death, you could face criminal charges. For example, if the police can demonstrate that you were driving drunk at the time of the accident, you may face felony DUI charges.

You may still face criminal penalties even if the crash was truly an accident. For example, if you were driving negligently or recklessly, you may face vehicular manslaughter charges. (Depending on where you live, you may face involuntary manslaughter charges instead.)

The penalties for these crimes are quite severe. Usually, the courts treat DUI as a misdemeanor. However, if someone is hurt or dies as a result of a DUI accident, you’ll face felony charges instead. This could result in a prison sentence and fines. At a minimum, you’ll likely face possible jail time, fines, and a driver’s license suspension.

A Pedestrian Accident Victim May File a Personal Injury Lawsuit Against You

Even if you are not guilty of a crime, the pedestrian may pursue you civilly. If the at-fault driver’s insurance company refuses to pay the pedestrian’s claim, the victim may file a personal injury lawsuit against the driver.

In their civil lawsuit, the pedestrian will demand some (or all) of the following types of damages:

• Lost wages
• Lost future income
• Pain and suffering
• Property damage
• Medical bills
• Future medical treatment/future medical expenses

The total damages will depend on the nature and extent of the pedestrian’s injuries. The victim’s pedestrian accident lawyer will likely negotiate a settlement with your insurance company.

Insurance coverage depends on your policy limits and terms. If damages exceed your coverage limits or if certain exclusions apply, you may face personal financial responsibility. However, your insurance rates will likely increase, and, depending on the seriousness of the accident, your insurance company may drop you as a customer.

What Happens if the Pedestrian Dies in a Car Accident?

If the pedestrian dies in the accident, their loved ones may file a wrongful death claim against you. This is similar to other car accident lawsuits, but instead of the victim filing the complaint, it’s their family or the personal representative of their estate who files suit.

In a wrongful death lawsuit, the victim’s family members can demand the following damages:

• Medical bills
• Loss of companionship
• Funeral and burial expenses
• Any other damages related to the pedestrian accident

The legal consequences of a fatal pedestrian accident are severe. Even if you escape civil liability, the state may pursue criminal charges and hold you liable for victim restitution.

Special Cases

The law requires that drivers take special care when dealing with pedestrians. While pedestrians have enhanced protection in crosswalks, drivers generally have a duty to exercise reasonable care to avoid hitting pedestrians anywhere, even when pedestrians may be violating traffic rules. Just because the person on foot could’ve been more careful doesn’t mean the motorist doesn’t face any consequences.

There are specific situations in which the law holds drivers to a higher standard of care. For example, if a pedestrian is in a crosswalk, you must give them ample time to cross the street. The same is true if they are in a parking lot. Even if you think they should walk faster, that doesn’t give you the license to run them over.

This doesn’t mean the courts never hold a pedestrian partially liable for their accident. There are certain circumstances in which the law requires a pedestrian to take extra care as well. We will discuss these circumstances in a bit more detail below.

A Pedestrian Chooses Not to Use the Crosswalk

Municipalities implement crosswalks for pedestrians’ safety. The hope is that pedestrians will use the crosswalks rather than cross the street at random spots. Plus, motorists know they must abide by the local traffic laws and stop at a crosswalk. The goal is that, if both parties utilize the crosswalks, they’ll avoid unnecessary accidents.

Unfortunately, not all pedestrians use crosswalks. If a pedestrian is hit by a car because they didn’t use the crosswalk, they may have difficulty recovering damages. If the driver’s attorney can prove that the pedestrian failed to use the crosswalk, the court may dismiss the plaintiff’s case altogether or reduce their damages by a significant amount.

However, drivers still have a duty to exercise reasonable care to avoid hitting pedestrians, even those not using crosswalks.

What if the Pedestrian Walks or Runs in Front of Your Car?

If a pedestrian walks in front of your car, the court may find that they were partially responsible for their injuries. While all motorists have a duty of care toward other drivers and pedestrians, the law doesn’t require them to be mind readers.

When law enforcement arrives at the accident scene, they’ll ask you to make a statement. Let them know that the victim walked (or ran) in front of your vehicle. Had they not done so, you probably wouldn’t have run them over.

If the pedestrian does sue you for damages, your car accident lawyer will gather evidence to show that they were partially at fault.

Different states follow different negligence rules. Most jurisdictions follow comparative negligence rules. This means that a plaintiff can still demand damages even if they were partly at fault. The court will just reduce their damages by their percentage of fault.

Some states use a modified comparative negligence system where recovery is barred if the pedestrian is 50% or 51% at fault.

In contributory negligence states, any fault by the pedestrian might bar recovery entirely.

Seek Legal Advice After a Pedestrian Car Accident

If you are in a motor vehicle accident involving a pedestrian, you may face civil or criminal consequences (or both). The best thing to do is contact a local personal injury attorney or criminal defense lawyer as soon as possible after the crash.

If the victim sues you for damages, your insurance company may cover their damages. If this isn’t the case, the pedestrian will probably file a personal injury claim against you directly. You’ll want to talk to a personal injury lawyer if this happens.

In some pedestrian accident cases, the civil penalties take a backseat to the potential criminal penalties. If the state files vehicular manslaughter or involuntary manslaughter charges against you, then you’ll want to retain an experienced criminal defense lawyer to help with your case. They’ll work hard to poke holes in the state’s case and attempt to negotiate a favorable plea bargain.

With so much at stake – both civilly and criminally – you don’t want to handle this on your own.