By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by a car while walking?
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What goes into the number
A claim is built from losses you can document. Economic losses include emergency care, surgery, therapy, medication, the care a doctor expects you to need in the future, missed pay and any lasting drop in what you can earn. Noneconomic losses cover pain, physical limits, sleep problems, fear of crossing streets and the parts of life you can no longer do the same way. Our page on general and special damages explains both categories.
People on foot often take the full impact of a car with nothing around them. That is why the medical file carries so much weight. A fracture that heals in a cast and a fracture that needs plates and screws can come from the same crash and lead to very different claims. The doctor’s written opinion about future treatment often matters more than the bills already paid.
The most useful records are the ones that tie each problem to the crash. Tell every provider you were hit by a vehicle while walking. Keep a short weekly note of what you cannot do, such as climbing stairs, lifting a child or working a full shift. Those notes help explain noneconomic losses, which no bill shows.
Rules in each state that move the value
Three legal rules change the math the most: how medical bills are counted, how fault is divided and whether a government vehicle was involved.
| Rule | California | Texas | Washington |
|---|---|---|---|
| Medical bills | With private insurance, recovery is limited to amounts paid or still owed (Howell v. Hamilton Meats) | Limited to amounts “actually paid or incurred” (CPRC 41.0105) | No statute like these two |
| Your share of fault | Pure comparative fault (Li v. Yellow Cab) | Barred above 50% (CPRC 33.001) | Pure comparative fault (RCW 4.22.005) |
| Government vehicle | Written claim generally within 6 months (Gov. Code 911.2) | Damage caps, such as $250,000 per person for a city (CPRC 101.023) | 60-day waiting period after a claim against a local government (RCW 4.96.020) |
The billing rule matters because hospital charges are often far higher than what insurance actually pays. In California and Texas, the paid figure is usually the one that counts, so an early estimate based on full charges can be misleading.
Fault is the other large lever. In California and Washington your percentage lowers the award but does not erase it. Texas ends the claim if you are more than 50 percent responsible. Washington has one exception for walkers who were impaired: it is a complete defense if the injured person was under the influence, that was a proximate cause, and the person was more than 50 percent at fault (RCW 5.40.060). Our page on whether the driver is always at fault covers how those percentages get argued.
One California rule that worries people rarely applies to walkers. Civil Code 3333.4 bars pain and suffering damages for the uninsured owner or driver of a vehicle involved in the crash, and for a driver convicted of DUI in it. A person hit while on foot generally was not the owner or driver of a vehicle involved in the crash, so the rule usually does not apply to them.
Where the money comes from
The at-fault driver’s liability policy is the first source, but its limit is often lower than the losses in a serious pedestrian case. Our page on policy limits explains how to find that number. Your own auto policy can add more, even though you were walking.
| Your own coverage | California | Texas | Washington |
|---|---|---|---|
| Uninsured or underinsured motorist | The insured includes you, your spouse and resident relatives “while occupants of a motor vehicle or otherwise” (Ins. Code 11580.2) | Must be in the policy unless rejected in writing (Ins. Code 1952.101) | Must be in the policy unless rejected in writing (RCW 48.22.030) |
| Medical coverage | MedPay is optional and pays immediate medical care no matter who was at fault (CDI guide) | PIP must be in the policy unless rejected in writing (1952.152); the law requires no more than $2,500 per person (1952.153) | PIP must be offered (RCW 48.22.085); minimums include $10,000 for medical care and $10,000 for lost income at $200 a week (RCW 48.22.095) |
A few details change who can collect. In California, underinsured coverage applies when the at-fault vehicle carries less than your own uninsured motorist limits, and it is reduced by what the at-fault side paid. A hit-and-run claim there requires physical contact with the vehicle and a police report within 24 hours (Ins. Code 11580.2). Texas underinsured coverage pays up to your limit, minus what the other driver’s insurer paid or must pay (1952.106).
Texas PIP is paid without regard to fault (1952.155). The statute lists the named insured, household members and people riding in or driving the insured car (1952.151), so the policy wording decides whether it pays a walker. Washington is more direct. Its PIP definition of an insured includes “a pedestrian accidentally struck by the insured automobile” (RCW 48.22.005), so the driver’s PIP may pay you if the driver bought it. For more on stacking these coverages, see underinsured driver claims and MedPay in California.
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What this means for your case
Gather every policy that might apply: yours, your spouse’s and those of relatives you live with. Ask each insurer for the declarations page, which lists the coverages and limits. Do not accept a figure before your doctors can describe your future care, because a release signed early generally cannot be reopened. Keep every bill and every explanation of benefits from health insurance, since the paid amounts often drive the medical number in California and Texas. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Common questions
Is there an average settlement for a pedestrian hit by a car?
No average fits your case. Published figures mix bruises with fatal crashes and ignore fault and insurance limits. Your value comes from your own records and the coverage available.
Does my car insurance cover me if I was walking?
Often, in part. California’s uninsured motorist statute covers named insureds and resident relatives outside a vehicle. Texas and Washington coverage depends on the policy and whether you rejected coverage in writing.
What if the driver had no insurance?
Your uninsured motorist coverage may step in. In Washington, underinsured coverage includes a vehicle with no liability insurance at all. In California a hit-and-run claim needs physical contact and a report within 24 hours.
Can I still recover if I crossed against the light?
Usually, yes, but your share of fault reduces the award. In Texas you recover nothing if you are found more than 50 percent responsible.
Does it matter that a city vehicle hit me?
Yes. California generally requires a written claim within six months. Texas caps damages against government units and requires notice within six months (CPRC 101.101), and city charters can set their own notice periods. A value worth trusting comes from records and policies, so start collecting both now. More answers are in our injury law FAQs. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 (Stanford SCOCAL) (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code 41.0105 (statutes.capitol.texas.gov)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (Stanford SCOCAL) (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code 33.001 (statutes.capitol.texas.gov)
- RCW 4.22.005 (app.leg.wa.gov)
- RCW 5.40.060 (app.leg.wa.gov)
- Cal. Civil Code 3333.4 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code 101.023 (statutes.capitol.texas.gov)
- Cal. Insurance Code 11580.2 (leginfo.legislature.ca.gov)
- California Department of Insurance, Automobile Insurance guide (insurance.ca.gov)
- Tex. Insurance Code 1952.101 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.106 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.151 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.152 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.153 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.155 (statutes.capitol.texas.gov)
- RCW 48.22.005 (app.leg.wa.gov)
- RCW 48.22.030 (app.leg.wa.gov)
- RCW 48.22.085 (app.leg.wa.gov)
- RCW 48.22.095 (app.leg.wa.gov)
- Cal. Gov. Code 911.2 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code 101.101 (statutes.capitol.texas.gov)
- RCW 4.96.020 (app.leg.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.