Liability when you hit a pedestrian, cyclist or scooter rider

If you hit someone on foot, on a bicycle or on a scooter and the law holds you at fault, your bodily injury liability coverage is the main source of payment for that person's medical bills, lost income and pain, up to your per-person limit, and your property damage liability coverage pays for the bike, scooter, phone or glasses that were destroyed. What can complicate it is shared fault, the victim's own insurance in some states, and the fact that serious injuries to people outside a vehicle can easily exceed a state-minimum policy.

This article covers how liability works in these crashes, why fault is often split, which other coverages may pay first, what happens with liens, and the e-scooter and e-bike questions that standard car policies were not written to answer.

What your liability coverage pays

Bodily injury liability pays for injuries you cause to other people, which includes people outside a car. The pedestrian or cyclist does not need to be in a vehicle for the coverage to apply. Typical items include emergency transport and hospital care, follow-up treatment and rehabilitation, lost wages, and compensation for pain, scarring and disability, and in a fatal crash the survivors' claims (see our article on fatal crashes and liability limits: wrongful death claims explained).

Property damage liability pays for property the victim loses: the bicycle, an e-bike's battery and motor, a scooter, a phone, a helmet or glasses. It is the same coverage that pays for another driver's car, and the property damage limit is separate from the bodily injury limits.

The insurer also hires and pays for a defense lawyer if you are sued. That is part of the standard policy, on top of the limit. You do not pay a deductible on liability claims.

The limits are the limits, though. A pedestrian struck at speed can suffer injuries that cost far more than a state minimum such as 25/50/25 (see our guide on how much liability coverage do you need?). If the claim exceeds your per-person limit, you can be personally responsible for the rest, a situation covered in what happens when damages exceed your liability limits.

Why limits matter more here: how serious these crashes are

People outside a vehicle have no steel around them. According to the Insurance Institute for Highway Safety's Fatality Facts 2024 for pedestrians, 7,080 pedestrians died in U.S. traffic crashes in 2024, about 18 percent of all crash deaths, and 25 percent of those deaths occurred in hit-and-run crashes. IIHS's bicyclist data show 1,075 bicyclists killed in crashes with motor vehicles in 2024, the third-highest number on record; both pages were posted in June 2026. Those are deaths only. The injuries that do not kill, such as head trauma, pelvic and leg fractures and spinal injuries, produce the largest medical bills in the liability system and the longest claims.

The practical lesson is that a pedestrian or cyclist claim is more likely than a fender-bender to approach or exceed your limits. Our article on the price of liability limits: how much each step up really costs shows what higher limits cost, and choosing liability limits for five different households shows how households of different sizes think about it.

Who is at fault: the driver's duty and the pedestrian's duty

Every state has traffic laws that say who must yield and when. These rules are the starting point for fault, and the details differ. Florida's section 316.130 (2026 statutes) is a typical example and shows both sides:

• The driver's duty. Drivers must yield to a pedestrian in a crosswalk when signals are not in operation and no signage says otherwise, slowing or stopping if need be. And, notwithstanding other provisions, "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle," giving warning when necessary and taking proper precautions around children and obviously confused or incapacitated people. A driver cannot pass a vehicle that has stopped at a crosswalk to let someone cross.
• The pedestrian's duty. A pedestrian crossing outside a marked crosswalk, or outside an unmarked crosswalk at an intersection, must yield to vehicles on the roadway. A pedestrian may not suddenly leave a curb into the path of a vehicle so close that the driver cannot yield, and must obey traffic control devices.

Both sets of rules can be violated in one crash. A pedestrian who steps out mid-block in the dark is violating the yield rule, and a driver who is speeding or looking at a phone is violating the due care rule. Investigators and juries weigh the two.

Bicyclists have a status that varies by state. In most states a bicycle on the road is treated as a vehicle with the rights and duties of a driver; in a crosswalk or on a sidewalk, different rules may apply. The Florida due care provision quoted above also protects "any person propelling a human-powered vehicle."

Shared fault: comparative and contributory negligence

Rarely is one side 100 percent responsible. How the law handles shared fault depends on the state, and the difference can change a payment from six figures to zero.

• Pure comparative negligence. The victim's recovery is reduced by their percentage of fault, however large. The Legal Information Institute lists California, Florida and New York as examples of pure comparative negligence, though Florida changed in 2023 (see below).
• Modified comparative negligence. The victim recovers nothing if their fault reaches a threshold, either 50 percent or 51 percent depending on the state. Florida's 2023 reform (HB 837) moved most negligence cases to a modified system with a 51 percent bar.
• Contributory negligence. In the few jurisdictions that still use it, a plaintiff who is at all negligent cannot recover, even if the defendant was 99 percent responsible. As of the sources we reviewed, Alabama, Maryland, North Carolina, Virginia and the District of Columbia are the contributory negligence jurisdictions. Courts have developed exceptions, such as the last clear chance doctrine, under which a negligent plaintiff can still recover if the defendant was the only one able to prevent the harm. Maryland is an example where the rule has a large effect on pedestrian and cyclist claims; an attorney licensed there can explain the current exceptions.

Fault also affects the claims process. An insurer investigating a pedestrian crash will ask whether the victim was in a crosswalk, whether the signal was on, what the lighting was, how fast the vehicle was going and whether the victim was distracted or impaired. Your own statement matters. See recorded statements: when to give one and when to wait before giving one.

A worked example of the three rules

Say a driver turns right on a green light and strikes a cyclist riding on the sidewalk, who is crossing against the signal. A jury later finds the damages are $150,000 (a made-up figure) and assigns 75 percent of the fault to the driver and 25 percent to the cyclist.

If the same driver carries 50/100/25 limits, the first two outcomes are paid up to $50,000 by the insurance, and the rest is the driver's personal exposure.

What else can pay the injured person, and why it matters to you

The injured person's other coverage can pay bills sooner, and sometimes shapes what they can claim from you.

• Personal injury protection (PIP) and no-fault rules. In no-fault and add-on states, the victim's own personal injury protection pays medical bills and some lost income regardless of fault, and the state may limit the right to sue the driver unless the injury passes a threshold. The guide on Personal injury protection (PIP) explained covers the basics. Whether a pedestrian is covered under PIP depends on the state. In Michigan, for example, section 3114 applies a person's own no-fault policy, and that of a spouse or resident relative, to accidental bodily injury arising from a motor vehicle accident, and section 3115 sends a non-occupant who is not covered that way to the assigned claims plan (as read in November 2026).
• Medical payments coverage. The standard ISO personal auto policy's medical payments coverage applies to the named insured and family members as pedestrians when struck by a motor vehicle, regardless of fault. A pedestrian who owns a car policy may therefore have MedPay available. See MedPay or health insurance: who pays first after a crash.
• Health insurance. Most injured people use health insurance. The plan then asks to be repaid out of any settlement, which is the lien issue below.
• Uninsured motorist coverage. If the driver fled, the victim's own uninsured motorist coverage may be the source of recovery; see Who UM coverage protects: passengers, pedestrians and cyclists and hit-and-run and phantom vehicle claims: the physical contact rule. If you are the driver and stop, this is not your issue, but leaving the scene turns a civil matter into a criminal one in every state.

When another coverage pays first, it may later seek reimbursement from your insurer through subrogation, so a paid claim does not necessarily mean your insurer is out of the picture.

Liens and what the victim keeps

Settlements are rarely paid straight to the injured person. A hospital may file a lien for unpaid bills, a health plan may claim repayment of what it paid, and Medicare or Medicaid have statutory recovery rights. Unresolved liens can delay a settlement or reduce what the victim nets. For the driver, the practical points are that the liability insurer will usually insist on resolving liens before paying, that a release of claims should address them, and that a larger settlement does not always mean a larger check for the victim. Our article on Settlement paperwork: releases, liens and Medicare reimbursement explains how this works.

E-scooters, e-bikes and other small vehicles

Newer devices raise two different questions: what happens if you hit someone riding one, and what happens if you are the rider.

If you are driving a car and hit a scooter or e-bike rider. The analysis is usually the same as for a bicyclist: your bodily injury and property damage liability apply if you are at fault, and fault depends on traffic law and shared negligence. The injured rider's own coverage and any coverage of the scooter company (for a rented scooter) may also come into play. State law determines how e-bikes and e-scooters are classified for right-of-way, helmet and lane rules. At the federal level, the Consumer Product Safety Act defines a "low-speed electric bicycle" as a two- or three-wheeled vehicle with fully operable pedals and a motor of less than 750 watts whose maximum speed on a paved level surface when powered solely by the motor is less than 20 mph. That definition matters for product safety rules; many states use their own class systems for riding rules, and some treat faster e-bikes more like mopeds.

If you are the rider and you hit a pedestrian. Here the car policy often does not help. In the ISO personal auto policy, liability coverage is excluded for the ownership, maintenance or use of any vehicle that has fewer than four wheels or is designed mainly for use off public roads (the form has exceptions for trailers, a medical emergency and certain golf carts). A two-wheeled e-scooter or e-bike that falls within a motor vehicle definition is therefore not covered by your auto liability. Homeowners and renters liability coverage may respond in some cases, but those policies commonly exclude liability arising from motorized land vehicles with specific exceptions, and the treatment of e-bikes has been changing as insurers add endorsements. Do not assume. Ask your insurer in writing how your policies treat the exact device you own.

If the scooter is rented from a company. The scooter company's terms of service usually allocate responsibility to the rider and may include insurance for third-party injuries, but the terms vary and are written by the company. A pedestrian hurt by a rented scooter may pursue the rider and the company.

What to do right after the crash

1. Stop and call 911. Do not move an injured person unless there is immediate danger. Leaving the scene of a crash with injuries is a crime in every state.
2. Give aid you are able to give, and let responders take over.
3. Exchange identification and insurance information with the victim if they are able, and with witnesses. The after-accident checklist and information form covers what to record.
4. Take photographs of the scene, lighting, signals, skid marks and any damage to your vehicle, and note the weather.
5. Say what happened, not who was to blame. Give police the facts, and avoid speculating about fault or apologizing in a way that could be read as an admission.
6. Notify your insurer promptly, even if the victim says they are fine. Injuries can show up later, and late notice can complicate coverage. See how long you have to report a car insurance claim.
7. Send any letter or lawsuit to the insurer immediately. If you may face criminal charges, consult a criminal defense lawyer before giving statements.

Common questions

Does my insurance cover a pedestrian who ran into the road?

Often yes, because the policy covers claims for which you are "legally responsible." If the pedestrian was mostly at fault, your legal responsibility may be small or zero, but the insurer may still investigate, and may pay a reduced amount under comparative negligence. The state's rules decide.

Will my rates go up?

An at-fault bodily injury claim is likely to count as an at-fault accident at renewal. How much it changes your price depends on the insurer and state rules.

What if the pedestrian was drunk or jaywalking?

Impairment and illegal crossing are evidence of the pedestrian's own negligence. In comparative states they reduce recovery; in contributory states they can bar it. The driver's duty of due care does not disappear, so juries often assign both a share.

Are children treated the same as adults?

Not generally. Courts commonly hold young children to a lower standard of care than adults, and statutes such as Florida's call for extra precaution around children. That tends to put a larger share of fault on the driver.

Who pays if the cyclist has health insurance?

Both may be involved. The health plan pays the providers and may seek repayment from any settlement, while the liability insurer pays on the driver's behalf if the driver is at fault. They do not simply cancel out.

Key takeaways

• If you are at fault, bodily injury liability pays the pedestrian's or rider's injuries up to the per-person limit and property damage liability pays for the bike or scooter; the insurer also defends you.
• Pedestrian and cyclist crashes are severe: IIHS counted 7,080 pedestrian and 1,075 bicyclist deaths in 2024, so state-minimum limits can be quickly outrun.
• Fault is usually shared, and the state's rule decides the result: pure comparative, modified comparative or, in a few jurisdictions such as Maryland, contributory negligence that can bar recovery.
• The victim's PIP, MedPay, health insurance and UM coverage may pay first, and liens can reduce what they keep.
• A car policy generally does not cover you when you are the one riding an e-scooter or e-bike, so check homeowners, renters or specialty coverage before you ride.