Hit by a car doesn’t always mean the driver is 100% at fault

A person hit by a car doesn’t automatically mean the driver is 100% liable, as the pedestrian may also be at fault and have been careless (e.g., crossed the street outside a crosswalk or darted into traffic without warning). In these scenarios, the parties may share responsibility.

Understanding driver fault and car accident rights is crucial for all road users, given the devastating financial impact of these incidents. As the National Safety Council points out, the 2024 average economic cost of a disabling motor vehicle crash injury was $174,000 and $45,000 for an evident injury.

What Would Happen if You Got Hit by a Car? 

In a pedestrian accident, getting hit by a car can result in immediate physical trauma and shock. The rush of adrenaline, however, may dampen a person’s pain senses, masking severe injuries.

A whiplash injury, which can cause lasting neck and back pain, is one example of a common car crash injury, as noted by the Zaner Law auto attorneys. Broken bones are also frequent, and so are traumatic brain injuries (TBIs) and spinal cord injuries (SCIs). Severe burns and internal organ damage may also occur. 

What Should You Do After You Get Hit by a Car? 

The first thing anyone who gets hit by a car should do is check themselves for injuries. If there’s bleeding, severe pain, or an incapacitated body part (e.g., broken leg or arm), call 911.

If possible, move to a safer area (e.g., side of the road). Call the police, too (or request 911 for police assistance). 

Exchange details with the driver, including their:

• Complete name
• Phone number
• Address
• License plate number
• Insurance info

Take photos of the accident scene, including injuries, involved vehicle/s, and the surrounding area. Speak to any witness and ask for their names and contact numbers. 

Get a comprehensive medical checkup, too, even if there are no visible injuries. Many car crash injuries are “invisible” and have delayed symptoms. 

Why Doesn’t It Always Mean That Drivers Are 100% at Fault if Someone Gets Hit by a Car? 

The National Highway Traffic Administration (NHTSA) shows that traffic crashes claimed the lives of 7,080 pedestrians in 2024. Over 71,000 pedestrians also sustained injuries in these incidents. 

While careless, reckless drivers are often to blame for these crashes, there are some cases in which they’re not 100% at fault. Pedestrians who jaywalk, for instance, share liability. The same goes for those who suddenly dart into traffic or walk at night in dark clothes and no reflectors. 

Poor maintenance of roads and traffic technology may also be to blame. Faults in traffic lights, for example, may result in rapid, abnormal changes from red to green, increasing the risk of crashes. 

In these cases, injured parties should familiarize themselves with the legal steps after an accident, including contacting a personal injury attorney before filing a claim. Lawyers can help determine fault, establish damages, and recover compensation for accident victims. 

Road Safety Is Everyone’s Shared Responsibility

Just because a person gets hit by a car doesn’t always automatically mean the driver is 100% at fault. It could be a shared liability among the pedestrian, motorist, and even public or government agencies (e.g., those responsible for road maintenance). 

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