Crashes with pedestrians and cyclists: coverage, fault and claims

When a car hits a person on foot or on a bicycle, the driver's bodily injury liability coverage usually pays the injured person's claim, reduced by whatever share of fault the pedestrian or cyclist carries. The injured person's own coverage can also respond: medical payments coverage or personal injury protection for medical bills, and uninsured motorist coverage if the driver has no insurance or drives off. The details turn on the state, the policy wording and the facts of the crash, so the first hours matter more than most drivers realize.

The injured person usually has no car in the collision, and the driver has the only policy that was "in" the crash. That mismatch is what makes these claims different from a two-car fender bender. This article covers both sides: what a driver owes after a collision with a pedestrian or cyclist, and what a pedestrian or cyclist can claim.

What the driver has to do at the scene

The legal duties after hitting a person are the same as after any injury crash, and they are strict. Every state requires a driver involved in a crash that injures someone to stop, stay at or return to the scene, give their name, address and vehicle registration, show a license on request, and arrange or provide reasonable help, such as calling 911 or getting the person to a hospital. Leaving without doing so is a crime in every state, and in most it is a felony when someone is seriously hurt. For the consequences, see leaving the scene of an accident: the driver's consequences.

In practical terms, a driver should:

1. Stop in a safe place close to the scene and turn on hazard lights.
2. Call 911 and report an injury, even if the person says they are fine. Say where you are and that a pedestrian or cyclist was struck.
3. Avoid moving the injured person unless there is an immediate danger such as fire or traffic. Moving someone with a neck or back injury can make it worse.
4. Exchange names, contact details and insurance information with the injured person if they are able, and with any witnesses who stay.
5. Take photographs of the car, the road, the crosswalk or bike lane, signs and signals, lighting and the person's position, if it is safe.
6. Report the crash to your insurer promptly. Most policies require "prompt notice," and a late report gives the insurer a reason to argue it was prejudiced.

What to say at the scene deserves its own attention, since a casual remark can resurface later. See what to say and what not to say at the scene of an accident.

Who is at fault: right-of-way rules and shared blame

Pedestrians and cyclists are not automatically right, and drivers are not automatically wrong, though drivers usually carry the heavier burden. Most state vehicle codes give pedestrians the right of way in marked crosswalks and at unmarked crosswalks at intersections, and then add that the pedestrian cannot walk into the path of a car that is too close to stop. Both halves matter.

Texas shows the pattern. Its Transportation Code requires a driver to stop and yield to a pedestrian in a crosswalk when the statute's conditions are met, a rule tightened by a 2021 amendment to say "stop and yield." It also requires every driver to use due care to avoid hitting a pedestrian whether or not the pedestrian had the right of way. The Texas Legislature's text of Chapter 552 sets out both the driver's duties and the pedestrian's duty to yield when crossing outside a crosswalk. California's Vehicle Code works the same way in broad outline: drivers must yield to pedestrians in crosswalks, and pedestrians must not suddenly leave the curb into the path of a vehicle that cannot yield, and a pedestrian outside a crosswalk must yield to traffic, though drivers still owe due care.

Whatever the state, an insurer or a court will weigh three questions:

• Who had the right of way? A pedestrian in a marked crosswalk with a walk signal is in the strongest position. A pedestrian crossing mid-block against traffic is not.
• Did the driver still have a chance to avoid the crash? A driver who was speeding, looking at a phone, or driving too fast for the lighting can be found at fault even when the pedestrian crossed illegally.
• Did the pedestrian or cyclist add to the risk? Dark clothing at night, no light on a bicycle, riding against traffic, stepping out from between parked cars, or being impaired can all count.

Shared fault and the percentages

Nearly every state compares the fault of both parties. Under comparative negligence, an injured person's recovery is reduced by their own percentage of fault. The two common versions are "pure" comparative, where you can recover something even if you were mostly at fault, and "modified" comparative, where you are barred if your share reaches 50% or 51%, depending on the state. Texas and Florida use a 51% bar. Alabama, Maryland, North Carolina, Virginia and the District of Columbia still apply contributory negligence, under which even a small share of fault can eliminate a claim, though exceptions exist. Florida moved to its 51% bar for most negligence claims in 2023 under HB 837, so older articles that list Florida as "pure" are out of date.

For more on how adjusters assign percentages, see how fault is determined in a car accident and how to contest your insurer's decision that you were at fault.

Cyclists, doors and bike lanes

A bicycle is a vehicle under the traffic laws of most states, and a cyclist generally has the same rights and duties as a driver, with some bicycle-specific rules about lane position and lights. That has two consequences. A cyclist who runs a red light is at fault the same way a driver would be. And a cyclist who is hit while following the rules is entitled to the same right of way as another vehicle.

Dooring

"Dooring" means a driver or passenger opens a car door into the path of a cyclist. Many states have a statute against opening a door on the traffic side unless it is reasonably safe to do so. California's Vehicle Code section 22517 is one example; other states have similar wording. In a typical dooring case the person who opened the door bears most or all of the fault, and the cyclist's share depends on whether they were riding too close to parked cars or going too fast to react.

Whose policy pays? The car owner's liability coverage generally responds to injuries arising from the "use" of the car, and a driver or passenger getting out of it is ordinarily treated as use. If a passenger opened the door, the claim may involve both the car's policy and, depending on its terms, the passenger's own coverage. The claim form should name the vehicle, not just the person who opened the door.

Right hooks and driveways

In a "right hook," a driver turns right across a cyclist going straight; fault usually falls on the turning driver, who must yield to traffic already in the lane. Driveway and sidewalk cases are more contested, because rules about riding on sidewalks and who yields at a driveway differ by state and by city.

What the numbers say about when these crashes happen

The National Highway Traffic Safety Administration counted 7,314 pedestrians and 1,166 pedalcyclists killed in traffic crashes in 2023, according to the Pedestrian and Bicycle Information Center's summary of NHTSA data. The same summary reports that 77% of pedestrian deaths in 2023 happened in the dark. The relevant lesson for a claim is that lighting and visibility are central evidence: street lights, headlights, reflective clothing and bicycle lights all show up in fault arguments. Treat the totals as the most recent figures available when this was written in November 2026, and check NHTSA's own pages for later releases.

Which coverage pays the injured person

An injured pedestrian or cyclist can have several possible sources of payment. They are not mutually exclusive, but the order and the paperwork differ.

How these fit together in one crash is covered in how your coverages work together in a single crash and who pays your medical bills after a car accident.

PIP and MedPay when you were not in a car

In no-fault states, benefits often follow the person. In New York, for example, a pedestrian struck by an insured vehicle in the state can generally claim no-fault benefits from that vehicle's insurer if they have no coverage of their own. Other no-fault and add-on states set their own priority rules for pedestrians, so read the guide to Personal injury protection (PIP) explained and check your state with the state car insurance requirements lookup tool.

MedPay is simpler. Standard personal auto policies describe it as covering you or a family member for injuries suffered while in your car or as a pedestrian struck by a motor vehicle. The limit is often $1,000 to $5,000 and pays regardless of fault. Whether a cyclist counts as a "pedestrian" under a given policy depends on the wording and the state, so ask the insurer in writing before assuming either way.

Uninsured motorists, underinsured drivers and hit-and-runs

If the driver who hit you has no insurance, has too little, or cannot be found, your own uninsured motorist coverage is the likely backstop. Standard UM language follows the insured person rather than the car, so it can apply when you were on foot or on a bike, subject to the policy and state law. Courts have disagreed about policy language that appeared to limit UM to people in vehicles: reporting on an Illinois Supreme Court decision in late 2023 described the court holding that insured pedestrians and cyclists struck by uninsured or hit-and-run drivers are entitled to UM coverage (WGLT's report). That ruling does not bind other states, which is why the policy and the state's law both matter.

A hit-and-run adds proof problems. Many states require contact with the unidentified vehicle, a police report within a short period such as 24 hours or a few days, and sometimes a sworn statement. If there is no contact, such as a car that forced a cyclist off the road, the claim can fail without a witness. hit-and-run and phantom vehicle claims: the physical contact rule explains the rule, and the guide to hit-and-run accidents: how to file a claim walks through the filing.

A second, more common situation is the underinsured driver. Say a driver with a $25,000 per-person bodily injury limit injures a cyclist whose medical bills and other losses total $90,000. The driver's insurer can pay at most $25,000. If the cyclist's own policy carries $100,000 in underinsured motorist coverage, the cyclist may claim the shortfall, subject to how the policy treats the other driver's payment (an offset in some policies, an excess in others). The numbers here are invented to show the mechanism, not typical outcomes.

Property damage: bikes, phones, glasses and the car

A bicycle damaged by a car is personal property, so the at-fault driver's property damage liability pays for repair or replacement, up to the driver's property damage limit. Expect the adjuster to ask for the receipt, age, model and photographs, and to apply depreciation to an older bike. If the cyclist was at fault, the driver's collision coverage handles the car, and the cyclist may have no coverage at all unless they carry a homeowners, renters or specialty bicycle policy that covers the bike. Read the property section of that policy for exclusions that apply to bicycles used for racing or work.

The injured person's other items count too: a cracked phone, broken glasses, a damaged helmet, torn clothing. Keep them. Do not throw away the helmet, which can matter as evidence of the impact. The driver's own car repair, if the driver is at fault, comes from their collision coverage; see collision coverage.

Building the evidence

In pedestrian and cyclist cases, there are no two crumpled bumpers to compare, so the story is told by the scene. Collect these items quickly, because some disappear:

1. Photographs and video of the intersection, signals, crosswalk markings, signs, lighting, skid marks and vehicle damage, taken from the pedestrian's and the driver's perspective.
2. Witnesses. Names and phone numbers, not just "someone saw it."
3. The police report. Ask the responding officer for the report number. Reports can be wrong, so read yours and ask for a correction if a fact is misstated.
4. Video from businesses, doorbells, buses and traffic cameras. Many systems overwrite footage in days. Ask for it in writing right away.
5. Dashcam footage. If the driver or a nearby driver had one, see dashcam footage and scene evidence: what to capture and keep.
6. The vehicle's data recorder. Modern cars may store speed and braking in the seconds before an impact. See event data recorders: what your car records and who can access it for how that data is preserved.
7. Medical records starting the same day, so the injuries are tied to the crash.

If you are the injured person and cannot do this yourself, ask a friend or relative to photograph the scene and the damaged gear the same day. The after-accident checklist and information form tool provides a printable list.

A worked example

This is a hypothetical to show how the pieces combine. A pedestrian steps off a curb in a marked crosswalk and is struck by a car whose driver was checking a phone. The pedestrian's medical bills come to $18,000, they lose $4,000 in wages, and a jury or adjuster values pain and suffering at $20,000, for a total of $42,000. The adjuster notes that the pedestrian began crossing on a flashing "don't walk" signal and assigns the pedestrian 20% of the fault.

1. Total damages: $42,000.
2. Pedestrian's share (20%): $8,400 reduction.
3. Recoverable from the driver: $33,600, if the driver's bodily injury limit is $50,000 or more.
4. If the driver's limit were only $25,000, the insurer would pay at most that, and the pedestrian's own underinsured motorist coverage, if any, could be asked to cover part of the gap.

Meanwhile, the pedestrian's MedPay (say $5,000) might have paid early medical bills regardless of fault, and the pedestrian's health insurer may later ask for repayment from the settlement. None of the figures above is a market average; they only show how a share of fault, a limit and a second policy interact.

Mistakes people make

• Telling the officer "I'm fine." Adrenaline hides injuries, and the note appears in the report. See injuries that show up days after a crash: protecting your claim.
• Leaving without a report. A driver who does not stay faces criminal exposure, and a cyclist who rides away may lose the ability to prove contact later.
• Accepting a quick check for the bike. A cyclist who signs a release for the bicycle may be releasing the injury claim too if the form is broad. Read it before signing.
• Giving a recorded statement unprepared. An insurer for the other side is not neutral; see recorded statements: when to give one and when to wait.
• Missing deadlines. Claims against a city or state vehicle can require notice within months, not years. See accidents with a city, state or federal vehicle.

Common questions

Does my car insurance cover me if I am hit while walking?

Often, in part. MedPay and uninsured/underinsured motorist coverage on your policy may apply to you as a pedestrian, and in no-fault states PIP may too. Liability coverage does not, since it pays for harm you cause. Check the declarations page and ask the insurer in writing which coverages apply to a pedestrian or cyclist.

What if the pedestrian was jaywalking or the cyclist ignored a red light?

It reduces the recovery but does not always eliminate it. In most states the injured person's share of fault lowers their payment, and in a few states a small share can bar a claim entirely. A driver also keeps a duty to avoid a collision that could be avoided. This is a place where a licensed attorney in your state can give specifics.

What if I am the driver and the pedestrian is not seriously hurt?

Report it anyway. A person who seems fine at the scene may find symptoms later, and a driver who did not report may face a dispute about whether the crash happened as described. Your insurer will decide whether to open a claim.

Key takeaways

• The driver's bodily injury liability usually pays the injured person, reduced by the injured person's share of fault under the state's comparative or contributory rule.
• An injured pedestrian or cyclist can often turn to their own MedPay, PIP or uninsured motorist coverage, depending on the policy wording and state law.
• A hit-and-run or uninsured driver shifts the claim to the injured person's uninsured motorist coverage, where proof of contact and quick police reporting matter.
• Evidence disappears fast: photographs, witnesses, camera footage and vehicle data should be secured in the first days.
• Rules vary by state, so verify the right-of-way, fault and deadline rules where the crash happened, using the state's insurance department or a licensed attorney.