Accidents can happen in a split second. One of the scariest situations a driver can face is hitting a pedestrian by accident. If you ever find yourself in this position, you may feel shocked, confused, and overwhelmed with fear about what will happen next. Questions may race through your mind: Will I go to jail? Will I have to pay for damages? What should I do right now?
This article will walk you through everything you need to know if you hit someone with your car by accident. It will explain the immediate steps you should take, the legal consequences you may face, and what your rights and responsibilities are.
First Things First: Stay Calm and Stop
If you hit someone with your car, the most important thing is to stay at the scene. Do not panic and drive away. Leaving the scene is considered a hit-and-run, which can make your situation much worse.
Instead:
- Stop immediately in a safe spot near the accident.
- Turn on your hazard lights so other drivers can see you.
- Stay calm and take a deep breath before doing anything else.
Even if the pedestrian seems fine, you are required by law to stop and check. Sometimes injuries are not visible right away, and symptoms can appear later.
Call for Emergency Help
Your next step should be to call 911. Tell the operator there has been an accident involving a pedestrian. They will send medical help and the police.
Why this is important:
- The pedestrian may need medical attention right away.
- A police report will document what happened. This can protect you later if there are questions about fault.
- Failing to call for help can be seen as negligence.
Exchange Information
Just like in a car-to-car accident, you need to share your information with the pedestrian (or with the police if the pedestrian is too injured to communicate).
You should provide:
- Your name and contact details.
- Driver’s license number.
- License plate number.
- Insurance information.
You should also try to collect the pedestrian’s name, contact details, and any witness statements if possible.
What Happens Next? Legal Consequences Explained
After the accident, your responsibility and what happens next will depend on the facts of the case. Let’s look at the main areas.
1. Traffic Citations and Fines
If the accident happened because you broke a traffic law, such as running a red light, failing to yield, or texting while driving, you will likely get a ticket or fine.
Common traffic violations that cause pedestrian accidents include:
- Speeding.
- Running a stop sign.
- Failing to stop at a crosswalk.
- Driving while distracted.
Even though these are not usually criminal, they can still carry fines and points on your license.
2. Civil Liability (Paying for Damages)
If the pedestrian is injured, you may be held financially responsible. This usually happens through your car insurance.
Damages can include:
- Medical expenses (hospital bills, physical therapy, medication).
- Lost wages (if the pedestrian cannot work because of the injuries).
- Pain and suffering.
- Property damage (for example, if you damaged something the pedestrian was carrying).
Your insurance company will typically handle these claims. But if your coverage is not enough, the pedestrian could sue you personally in court. This is why having strong insurance coverage is important.
3. Criminal Charges
Not every accident leads to criminal charges. However, you may face criminal penalties if you were driving in a dangerous or illegal way.
Some examples include:
- Driving under the influence (DUI): If you were drunk or on drugs, you could be charged with DUI, which may include jail time and loss of your license.
- Reckless driving: If you were speeding excessively or ignoring traffic laws.
- Vehicular manslaughter: If the pedestrian dies and your driving is found reckless, you may face this charge.
The exact charges depend on the state and the circumstances.
4. When the Pedestrian Is at Fault
It’s important to know that drivers are not always automatically at fault. Pedestrians also have a duty to be careful.
A pedestrian may share blame if:
- They were jaywalking.
- They crossed the road when the light was red.
- They suddenly walked into traffic.
- They were under the influence and acted unpredictably.
In these cases, you may still need to prove what happened, but the pedestrian’s actions can reduce your liability.
Will You Go to Jail?
This is one of the biggest fears drivers have. In most cases, if you hit someone by accident and you were not breaking any serious laws, you will not go to jail.
You might:
- Pay fines for traffic violations.
- Have your insurance cover damages.
- Possibly face a civil lawsuit.
But jail usually only happens if you were:
- Driving under the influence.
- Driving recklessly.
- Driving without a license or insurance.
- Leaving the scene of the accident.
What You Should Do Immediately After the Accident
Here’s a checklist of steps to protect yourself and handle the situation responsibly:
- Stop and check if the pedestrian is okay.
- Call 911 for medical help and police.
- Provide assistance if safe (basic first aid, staying with the person until help arrives).
- Exchange information with the pedestrian or police.
- Do not admit fault at the scene — simply provide facts.
- Take photos of the scene, your car, and surroundings if possible.
- Get witness contact information if anyone saw what happened.
- Notify your insurance company right away.
How Insurance Works in These Situations
Your car insurance usually covers accidents involving pedestrians. The type and amount of coverage depends on your policy.
- Liability coverage pays for the pedestrian’s injuries and damages.
- Medical payments (MedPay) may cover some immediate medical expenses.
- Umbrella policies may provide extra protection if damages go beyond your main policy.
If your coverage is too low, you may have to pay out of pocket, which can be financially devastating.
Wrongful Death Cases
If the accident sadly leads to the pedestrian’s death, the legal consequences are more serious.
- You could face wrongful death lawsuits from the victim’s family.
- Damages may include funeral costs, lost income, and emotional suffering.
- Criminal charges like vehicular manslaughter or intoxication manslaughter may apply, depending on the facts.
This is one of the hardest situations to go through, and having a lawyer is absolutely essential.
Why You Should Contact a Lawyer
After hitting a pedestrian, one of the smartest things you can do is contact a personal injury lawyer (if you are the driver).
A lawyer can help you:
- Understand your rights and responsibilities.
- Deal with insurance companies.
- Defend you against criminal charges if they arise.
- Reduce your liability in a civil lawsuit.
Trying to handle the legal system alone while dealing with the stress of the accident can make things worse. An attorney can guide you through every step.
Preventing Pedestrian Accidents
While accidents can happen to anyone, many can be avoided with careful driving. You can reduce your chances of hitting a pedestrian by:
- Always stopping at crosswalks.
- Driving slower in residential or school zones.
- Avoiding distractions like texting.
- Never drinking and driving.
- Watching closely at night or in bad weather.
Being proactive and alert protects not only pedestrians but also you from facing legal and emotional consequences.
Final Thoughts
Hitting someone with your car by accident is one of the most frightening and stressful events a driver can experience. It can leave you shaken and worried about your future.
The most important things to remember are:
- Do not leave the scene.
- Call for help immediately.
- Cooperate with authorities, but do not admit fault without legal advice.
- Contact your insurance and a lawyer.
Whether the accident causes minor injuries or something more serious, understanding what happens next can help you make smarter decisions in the moment.
By staying calm, acting responsibly, and seeking the right legal help, you can navigate this difficult situation and protect both yourself and the person involved.