By Serdar Arslan, editor · Last reviewed · 8 min read · How we research
A sedan doing 30 mph meets a person in a crosswalk, and only one of them has airbags. NHTSA counted 7,080 pedestrians killed in traffic crashes in 2024, about 18% of all traffic deaths, plus 1,103 bicyclists killed and an estimated 52,887 injured that year. If you were hit on foot or on a bike, the claim works a little differently from a car-on-car crash, and the money can come from places people don't expect, including your own auto policy.
When and where these crashes happen
NHTSA's 2024 pedestrian figures show:
- 76% of pedestrian deaths happened in the dark
- 73% happened at places that were not intersections
- 84% happened in urban areas
Bicycle crashes often involve turning vehicles, drivers opening doors, and vehicles passing too closely. NHTSA advises drivers to give cyclists at least three feet when passing, check for cyclists before opening doors or turning, and yield at intersections. It also notes that all states require cyclists on the road to follow the same rules as motorists.
Right after the crash
- Call 911 and get medical care. Even if you feel okay, get checked. Head and internal injuries can be hidden.
- Call the police. You want an official report on file, especially if the driver later tells a different story.
- Get the driver's information: name, license, plate, insurance company, and policy number.
- Get witness names and phone numbers.
- Photograph everything: the car, the location, crosswalks, signals, lighting, your bike, and your injuries.
- Keep your damaged bike, helmet, and clothing. They're evidence.
- Look for cameras at businesses, homes, buses, and intersections.
If the driver leaves, see hit-and-run accidents.
Who pays: the main sources
You may have more coverage than you think, even if you don't own a car.
| Source | How it may apply |
|---|---|
| Driver's liability insurance | Pays for injuries the driver caused, up to their limits |
| Your own auto policy's PIP | In no-fault states, often covers you as a pedestrian or cyclist |
| Your own MedPay | May cover you when hit while walking or biking, depending on the policy |
| Your own UM/UIM | May apply if the driver is uninsured, underinsured, or unknown |
| A household member's auto policy | May cover you if you live with them and don't have your own policy |
| Health insurance | Pays care now, may seek repayment later |
| Homeowner's or renter's insurance | May cover a damaged bike or other property |
Many auto policies cover the named insured and household members as pedestrians, not just as drivers. The Texas Department of Insurance notes that PIP, medical payments, and UM/UIM coverage under your own policy may help pay medical bills. Read your policy, or ask your agent, about coverage when you're not in a vehicle.
No-fault states
In no-fault states, PIP often pays a pedestrian's or cyclist's medical bills and some lost wages regardless of fault. If you don't have a policy, state rules may let you claim under a household member's policy or the policy on the vehicle that hit you. To sue for pain and suffering, you may need to meet a serious injury threshold. See no-fault vs. at-fault insurance.
How fault works
Drivers have a duty to watch for pedestrians and cyclists, to yield when the law requires, and to drive at safe speeds. Pedestrians and cyclists have duties too: cyclists generally must follow the rules of the road, and pedestrians must follow crossing rules.
Common fault arguments insurers make:
- The pedestrian crossed outside a crosswalk or against the signal
- The pedestrian or cyclist wore dark clothing at night
- The cyclist rode against traffic or without lights
- The cyclist didn't wear a helmet
Most states reduce damages by your share of fault rather than barring recovery, but a few states bar recovery if you were even slightly at fault. See comparative fault explained and use our comparative fault calculator.
Crossing mid-block doesn't end the conversation. A driver who was speeding, looking at a phone, or simply not watching the road can still carry most of the blame, so don't write off your claim on that point alone.
Helmet use for cyclists
Helmet laws vary by state and often apply only to children. Not wearing a helmet usually doesn't cause a crash, but an insurer may argue it made a head injury worse. Whether that matters depends on state law.
Evidence that helps
| Evidence | Why it matters |
|---|---|
| Police report and citations | Independent account of the crash |
| Witness statements | Signal color, speed, whether the driver looked |
| Video footage | Often the strongest evidence; ask quickly before it's recorded over |
| Photos of lighting and signals | Shows visibility and right-of-way |
| Your damaged bike, helmet, clothing | Shows impact point and force |
| Bike computer or phone app data | Speed and route |
| Medical records | Links injuries to the crash |
See our evidence checklist.
Making the claim
Against the driver's insurer
You'll usually file a third-party claim with the driver's liability insurer. The Texas Office of Public Insurance Counsel points out that third-party claims can be harder because the other insurer works for its own driver, must agree the driver was at fault, and may be limited by low coverage. The Texas Department of Insurance recommends asking for any denial and the reasons in writing.
Be careful with recorded statements and releases. See recorded statements to insurance and dealing with insurance adjusters.
Under your own policies
File promptly under any PIP, MedPay, or UM/UIM coverage that may apply, and follow the policy's notice rules. A driver carrying a state-minimum policy can run out of coverage fast after a serious pedestrian injury, which is where your UIM coverage comes in. See uninsured and underinsured motorist claims.
Property damage
Your bike, phone, and other damaged property are part of your claim. Keep receipts or find replacement prices.
Documenting your losses
Injuries from being hit on foot or on a bike often mean long recoveries. Keep a running record of:
- Every medical visit, therapy session, and prescription
- Missed work and any letters from your employer about lost pay
- Travel costs to appointments, especially if you can't drive or ride
- Help you needed at home, like childcare or cleaning
- A short daily note about pain, sleep, and what you couldn't do
These records support both your economic losses and your pain and suffering claim. They also help if the insurer later argues your injuries weren't serious.
Special situations
- Hit by a government vehicle or injured because of a dangerous road design: claims against government agencies often require a formal notice of claim within a short period. Check your state's page under car accident laws.
- Hit by a rideshare or delivery driver: the company's insurance may apply depending on the driver's status. See rideshare accident claims.
- A child was hurt: deadlines may be extended for minors in many states, but don't count on it; get advice early.
- A death occurred: see wrongful death claims.
Deadlines
The usual statute of limitations applies, and PIP and UM claims may have their own notice deadlines. Start with our statute of limitations calculator, then confirm with your policy or a licensed attorney.
Before the bike gets thrown out
The first week matters most. Keep the bent frame, the cracked helmet, and the torn jacket, and ask nearby shops and homeowners for camera footage before it records over. Then check every policy in your household: your own auto policy, or a relative's, may cover you even though you weren't in a car, and in no-fault states PIP usually pays first. Being partly at fault, say crossing against the signal, usually trims a recovery rather than wiping it out. Most of these deaths happen after dark and away from intersections, which is exactly where witnesses are scarce, so the physical evidence carries extra weight.