How this works
Three steps, no phone number required
Most people arrive here after an insurance adjuster has already named a figure. The point of this page is simple: give you an independent second number, and the reasoning behind it, before you answer.
Gather what you can document
Medical bills and expected future care, wages you actually lost, repair or total-loss figures, and the out-of-pocket costs people usually forget — travel to appointments, braces and devices, paid help at home.
Run the estimator
It applies the multiplier method adjusters commonly use to non-economic damages, then adjusts for your state’s comparative-fault rule and the policy limit that actually caps most claims.
Take the range to a licensed attorney
The output is a discussion range, never a valuation. Bring it to a lawyer licensed in your state — most personal-injury consultations are free and fees are contingent — and let them price the parts a calculator cannot see.
By situation
Guides for your situation
Fault rules, insurance layers and typical evidence differ sharply between these. Start with the one that matches your facts.
Claim Process
Step-by-step guide to filing your pedestrian injury claim.
Settlement Timeline
How long pedestrian accident claims typically take to resolve.
What to Do After
Critical first steps in the hours after a pedestrian collision.
Insurance Tactics
How insurers minimize pedestrian payouts and how to respond.
By state
State rules that change what a claim is worth
Comparative fault, filing deadlines, damage caps, minimum liability limits and no-fault requirements are all set state by state. Pick yours.
Fault rules in all 50 states + DC
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Compare states
Pedestrian accident fault rules in all 50 states and DC
This table brings the fault rule from each of the site's 51 state pages into one place. The rule decides what happens when the driver's insurer says you were partly to blame for being hit. Four states use contributory negligence, where any share of fault can bar recovery, and the District of Columbia limits that rule for pedestrians. Nine states use pure comparative fault, which only reduces the award. Thirty-six states reduce the award and bar it once your share reaches 50% or 51% (in Michigan, only pain and suffering is barred above 50%), and South Dakota uses a slight/gross test. The rules rest on state statutes and case law (see sources), and the methodology page explains how the estimator above applies them. Each state name opens its page with a worked example.
| State | Fault rule | When your own fault ends the claim |
|---|---|---|
| Alabama | Contributory negligence | Any share of fault can bar recovery |
| Alaska | Pure comparative fault | Never; your share only reduces the award |
| Arizona | Pure comparative fault | Never; your share only reduces the award |
| Arkansas | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| California | Pure comparative fault | Never; your share only reduces the award |
| Colorado | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Connecticut | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Delaware | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| District of Columbia | Contributory negligence, limited for pedestrians (D.C. Code § 50-2204.52) | Only if your negligence was a proximate cause and greater than all defendants' combined negligence |
| Florida | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Georgia | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Hawaii | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Idaho | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Illinois | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Indiana | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Iowa | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Kansas | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Kentucky | Pure comparative fault | Never; your share only reduces the award |
| Louisiana | Modified comparative fault (since January 1, 2026) | At 51% or more; below that, your share reduces the award |
| Maine | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Maryland | Contributory negligence | Any share of fault can bar recovery |
| Massachusetts | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Michigan | Modified comparative fault | Never fully; above 50% only economic damages remain, reduced by your share |
| Minnesota | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Mississippi | Pure comparative fault | Never; your share only reduces the award |
| Missouri | Pure comparative fault | Never; your share only reduces the award |
| Montana | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Nebraska | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Nevada | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| New Hampshire | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| New Jersey | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| New Mexico | Pure comparative fault | Never; your share only reduces the award |
| New York | Modified comparative fault for motor-vehicle injury suits filed since May 26, 2026 | At 51% or more; below that, your share reduces the award |
| North Carolina | Contributory negligence | Any share of fault can bar recovery |
| North Dakota | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Ohio | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Oklahoma | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Oregon | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Pennsylvania | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Rhode Island | Pure comparative fault | Never; your share only reduces the award |
| South Carolina | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| South Dakota | Slight/gross negligence | When your negligence is more than slight compared with the other party's |
| Tennessee | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Texas | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Utah | Modified comparative fault | At 50% or more; below that, your share reduces the award |
| Vermont | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Virginia | Contributory negligence | Any share of fault can bar recovery |
| Washington | Pure comparative fault | Never; your share only reduces the award |
| West Virginia | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Wisconsin | Modified comparative fault | At 51% or more; below that, your share reduces the award |
| Wyoming | Modified comparative fault | At 51% or more; below that, your share reduces the award |
PedestrianAccidentLawyer.us is an informational website, not a law firm. It is operated by Mustafa Bilgic, an individual who is not a licensed attorney. Nothing here is legal advice, nothing creates an attorney–client relationship, and no calculator output is a valuation or an offer.
We do not take cases, review documents, contact insurers or refer you to a particular lawyer. Deadlines and fault rules vary by state and a missed deadline can end a valid claim permanently — consult a licensed attorney in your state before you accept, reject or file anything. Your state bar’s referral service and the American Bar Association’s Find Legal Help directory are independent starting points.
Questions
Questions people ask before they answer the adjuster
Do I have a claim if I was hit outside a crosswalk?
Drivers owe a duty of care to pedestrians everywhere, not only inside marked crosswalks. Your claim may face a reduction if the insurer proves you shared some fault, but being outside a crosswalk does not automatically bar recovery. The outcome depends on your state's comparative or contributory negligence framework.
What is the multiplier method for pedestrian pain and suffering?
Attorneys and insurers commonly multiply total economic damages — medical bills, lost wages, out-of-pocket costs — by a factor of 1.5 to 5. Minor soft-tissue injuries sit at the low end; permanent disabilities push the multiplier higher. It is a starting estimate, not a binding formula.
How long do I have to file a pedestrian accident claim?
Statutes of limitations are commonly two to three years, but your state's deadline controls — check immediately. Claims against government entities often have far shorter notice windows, and missing the deadline almost always kills the claim entirely.
Should I give a recorded statement to the other driver's insurer?
You are not legally required to provide one, and anything you say can be used to reduce your payout. Insurers train adjusters to extract admissions of shared fault or catch inconsistencies. Speak with an attorney before agreeing to any recorded statement.
Can I recover damages if the police report says I was partially at fault?
In most states, yes. Under comparative-fault rules your recovery is reduced by your percentage of blame. A handful of states follow contributory-negligence rules that can bar any recovery if you share even minimal fault. Check which system your state applies before assuming the worst.
- Sources used across this site: state comparative-fault statutes · Insurance Information Institute · Bureau of Labor Statistics · IRS Pub. 4345 · NHTSA
- Last reviewed 2026-08-25.