By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by a car while walking?
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What the national data shows
NHTSA counted 7,080 pedestrians killed and an estimated 71,635 injured in 2024. Pedestrians made up 18 percent of all traffic deaths (NHTSA). The Governors Highway Safety Association projects 6,732 pedestrian deaths for 2025, a 7 percent drop and the third straight annual decrease (GHSA).
| Factor in fatal pedestrian crashes | Share | Source |
|---|---|---|
| Happened in the dark | 76% (2024) | NHTSA |
| Not at an intersection | 73% (2024) | NHTSA |
| Urban area | 84% (2024) | NHTSA |
| Driver and/or pedestrian had a BAC of .01 or higher | 43% of fatal crashes (2024) | NHTSA |
| Hit-and-run driver | 24% of pedestrians killed (2024) | NHTSA |
| Striking vehicle was a light truck (SUV, pickup or van), where known | 50.4% (2024) | GHSA report |
| No sidewalk at the location | 62.2% (2024) | GHSA report |
Time matters too. The largest share of 2024 pedestrian deaths, 24 percent, happened from 6 to 8:59 p.m., followed by 23 percent from 9 to 11:59 p.m. On alcohol, NHTSA estimates that 27 percent of fatal pedestrian crashes involved a pedestrian with a BAC of .08 or higher, and 15 percent involved a driver at that level.
These numbers describe conditions at the time of the crash. They do not prove what caused any single collision. A claim still has to show what this driver did or failed to do.
In California, Texas and Washington
California’s Office of Traffic Safety reports 1,106 pedestrians struck and killed in 2023, about 9 percent fewer than in 2022 and 56 percent more than in 2014 (OTS). For 2024, NHTSA lists 1,090 pedestrian deaths in California, 763 in Texas and 152 in Washington.
TxDOT counts 695 pedestrian deaths in Texas in 2025 (TxDOT Crash Facts). Its contributing-factor table shows how officers code these crashes. The pedestrian failing to yield to a vehicle is listed in 412 fatal crashes, while a driver failing to yield to a pedestrian is listed in 23 (TxDOT factors). Those codes are an officer’s first judgment, which may be made before the officer hears from the person who was hit.
In Washington, a state lighting study found about 70 percent of pedestrian deaths from 2014 to 2023 happened between dusk and dawn (WTSC).
How each cause is proven in a claim
A cause becomes a legal argument once it is tied to a rule of the road. This table matches the common causes with the rule involved and the evidence that tends to answer it.
| Cause | Rule it connects to | Evidence that helps |
|---|---|---|
| Darkness | Drivers must use due care toward pedestrians (Veh. Code 21954(b); Transp. Code 552.008; RCW 46.61.245) | Streetlight outage reports, headlight condition, photos taken at the same hour, the clothing you wore |
| Mid-block crossing | Walker yields outside a crosswalk (21954(a); 552.005; RCW 46.61.240), but the driver’s due care duty stays | Distance to the nearest crosswalk, sight lines, the car’s speed |
| Driver failed to yield at a crosswalk or while turning | Veh. Code 21950; Transp. Code 544.007; RCW 46.61.235 | Signal timing records, business and bus video, witness accounts |
| Alcohol | A driver’s intoxication can be evidence of negligence; in Washington an impaired walker over 50% at fault recovers nothing (RCW 5.40.060) | Blood or breath results, the criminal case file, receipts showing where the driver was drinking |
| No sidewalk | Walk on the left facing traffic where required (552.006; Veh. Code 21956) | Photos of the shoulder, which side you were on, whether that side was safe |
| Hit-and-run | Your own uninsured motorist coverage (Ins. Code 11580.2; Ins. Code 1952.101; RCW 48.22.030) | A prompt police report, paint or parts left at the scene, nearby video |
Speed is part of almost every row. A vehicle’s event data recorder may capture “pre-crash vehicle dynamics and system status” and driver inputs (NHTSA), so ask that the car be preserved before it is repaired or sold.
California’s hit-and-run rule has strict conditions. Uninsured motorist coverage for an unknown driver requires physical contact between the vehicle and you, and a report to police within 24 hours. Our page on hit and run in California explains the other steps.
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Why the cause shapes the fault split
The cause the evidence supports usually sets the percentages. Proof that a turning driver never looked at the crosswalk points the blame at the driver. Proof that a walker crossed mid-block at night in dark clothing gives the insurer a reason to ask for a share. In California and Washington that share reduces the award, and in Texas a share above 50 percent bars it. Our pages on jaywalking laws and whether the driver is always at fault cover those rules, and the legal alcohol limit page covers drunk drivers.
What this means for your case
Write down the lighting, the weather, where you started crossing and what the driver did just before impact. Photograph the scene at the same time of night if the crash happened after dark. Ask for the crash report, but do not treat its contributing-factor code as the final word. If you were hurt in California, our page on a pedestrian hit by a car lists first steps. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Common questions
What time of day do most pedestrian deaths happen?
In 2024 the largest share, 24 percent, happened from 6 to 8:59 p.m., and another 23 percent from 9 to 11:59 p.m., according to NHTSA.
Do most pedestrian deaths happen at intersections?
No. NHTSA found 73 percent of 2024 pedestrian deaths happened at locations that were not intersections, and 18 percent at intersections.
How often is alcohol involved?
NHTSA reports that a driver and/or pedestrian had a BAC of .01 or higher in 43 percent of fatal pedestrian crashes in 2024.
Are SUVs and pickups involved more often?
GHSA found light trucks, including SUVs, pickups and vans, were the striking vehicle in 50.4 percent of 2024 pedestrian deaths where the body type was known, compared with 40.6 percent for passenger cars.
What if the driver never stopped?
Nearly one in four pedestrians killed in 2024 was struck by a hit-and-run driver. Report it to police right away and tell your own insurer, because uninsured motorist coverage may apply. The cause of your crash is something the evidence has to show, and the strongest evidence fades first. 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
- NHTSA, Traffic Safety Facts 2024 Data: Pedestrians (DOT HS 813 818, June 2026) (crashstats.nhtsa.dot.gov)
- GHSA, Pedestrian Traffic Fatalities by State: 2025 Preliminary Data (July 2026), web summary (ghsa.org)
- GHSA, Pedestrian Traffic Fatalities by State: 2025 Preliminary Data (full report PDF) (ghsa.org)
- California Office of Traffic Safety, Pedestrian and Bicycle Safety (ots.ca.gov)
- TxDOT, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2025 (txdot.gov)
- TxDOT, Crash Contributing Factors, 2025 (txdot.gov)
- Washington Traffic Safety Commission, Street Lighting and Safety Study (January 2025) (wtsc.wa.gov)
- Cal. Veh. Code § 21950 (leginfo.legislature.ca.gov)
- Cal. Veh. Code § 21954 (leginfo.legislature.ca.gov)
- Cal. Veh. Code § 21956 (leginfo.legislature.ca.gov)
- Tex. Transp. Code § 544.007 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.005 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.006 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.008 (statutes.capitol.texas.gov)
- RCW 46.61.235 (app.leg.wa.gov)
- RCW 46.61.240 (app.leg.wa.gov)
- RCW 46.61.245 (app.leg.wa.gov)
- RCW 5.40.060 (app.leg.wa.gov)
- Cal. Insurance Code 11580.2 (leginfo.legislature.ca.gov)
- Tex. Insurance Code 1952.101 (statutes.capitol.texas.gov)
- RCW 48.22.030 (app.leg.wa.gov)
- NHTSA, Event Data Recorder (nhtsa.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.