Pedestrian Accident Intake: How PI Firms Qualify Hit-and-Run and Crosswalk Cases

Pedestrian accident cases are among the most serious in personal injury law. A person struck by a vehicle is almost always dealing with catastrophic injuries — fractures, traumatic brain injury, spinal damage, or worse. The damages are often significant. So is the complexity of qualifying and signing them.

The challenge: pedestrian cases come with a unique set of coverage and liability questions that standard auto accident intake scripts don't address. If your intake team is running pedestrians through the same qualification flow as a rear-end collision, you're missing critical information and probably declining cases you should be taking — or taking cases you'll struggle to collect on.

Why Pedestrian Intake Is Different

Three things make pedestrian accidents distinct from standard motor vehicle cases:

1. The vehicle may be unidentified (hit-and-run). A significant percentage of pedestrian accidents involve a driver who fled the scene. This fundamentally changes the liability and coverage picture.
2. The pedestrian rarely has auto insurance themselves — and yet their own auto policy (if any) may be the primary source of recovery in hit-and-run situations.
3. Comparative fault is a real issue. Pedestrians who cross against the light, jaywall, or are under the influence create comparative fault arguments that affect case value and attorney willingness to sign.

Your intake script needs to surface all three of these in the first call.

The First Questions: Driver and Coverage Status

Before anything else, intake needs to establish whether the at-fault driver is identified and insured. This is the single biggest qualifier in pedestrian cases.

The reason that last question matters: uninsured motorist (UM) coverage under the pedestrian's own auto policy often covers pedestrian accidents caused by uninsured or unidentified drivers. In most states, a pedestrian struck by a hit-and-run driver can make a UM claim on their own policy even though they weren't in a vehicle.

Hit-and-Run Cases: The Coverage Waterfall

When the at-fault driver is unidentified, intake needs to work through the coverage waterfall in order:

1. Pedestrian's own UM coverage — their auto policy (if any) is the first source of recovery
2. Household member's UM coverage — if the pedestrian lives with a family member who has auto insurance, that policy's UM coverage may extend to them in many states
3. Any witnesses who can provide a partial plate or vehicle description — even a partial plate can enable a DMV search and driver identification after the fact
4. Surveillance footage — intersection cameras, private business cameras, Ring doorbells in the area

If there's no UM coverage and no identified driver, the case becomes significantly harder to monetize. It doesn't mean the case has no value, but it does mean the attorney needs to know this upfront rather than after investing time in the file.

Qualifying the Location and Circumstances

Location and circumstances at the time of the accident are critical for two reasons: they establish liability, and they shape comparative fault exposure. Intake should collect:

Law firms that partner with professional intake services — like those working with experienced personal injury attorneys — consistently report higher client sign rates and faster case development.

• Where exactly did the accident occur? Intersection? Mid-block crossing? Parking lot? Driveway?
• Were you in a crosswalk? Marked or unmarked? Did you have the walk signal?
• What was the vehicle doing? Turning? Running a red light? Backing up? Speeding?
• Were there witnesses? Did anyone stop and provide contact information?
• Was a police report filed? Do they have a report number?
• Was the pedestrian on their phone or wearing headphones? This is a comparative fault question your attorney will want to know early.
• Was the pedestrian under the influence? Important for comparative fault analysis in states that use pure contributory negligence rules.

Injuries and Medical Treatment

Pedestrian cases typically involve serious trauma. Intake should capture:

• Was the pedestrian transported by ambulance? Which hospital?
• What injuries were diagnosed (fractures, head injury, spinal injury, internal injuries)?
• Have they been discharged, or are they still hospitalized?
• Are they treating with any specialists (orthopedic, neurologist, physical therapy)?
• Has any treating physician indicated surgery is needed or has been performed?

The medical picture is particularly important in pedestrian cases because injuries tend to be severe, and medical liens from hospital treatment can be significant. An attorney signing a pedestrian case with a $200,000 hospital bill against unknown UM limits needs to know that structure before they agree to represent the client.

The Comparative Fault Conversation

Intake agents sometimes avoid comparative fault questions because they feel uncomfortable or accusatory. The opposite approach is better: ask directly, without judgment, because the information is essential.

Comparative fault questions to ask:

• "Were you crossing at a crosswalk, or between intersections?"
• "Did you have the walk signal?"
• "Were you using your phone at the time of the accident?"
• "Had you been drinking or using any substances before the accident?"
• "Were you wearing reflective clothing or was it daytime?"

These questions aren't about denying the case — they're about giving the attorney the complete picture so they can make a fully informed decision.

Time-Sensitive Issues in Pedestrian Cases

Pedestrian cases have several time-sensitive elements that intake should flag immediately:

• Surveillance footage: Businesses typically overwrite footage within 24–72 hours. If the accident just happened, this is day-one urgent.
• Police report: Obtaining the report early locks in the official narrative before it can be contested.
• Witness contact information: Witnesses forget details and become unavailable. Names and phone numbers collected at the scene are invaluable.
• UM claim notification: Most UM policies have reporting requirements. Delayed notification can complicate the claim.
• Government entity involvement: If the accident occurred due to a dangerous intersection, missing crosswalk signage, or poor lighting maintained by a municipality, there may be a government tort claim with a very short notice deadline — sometimes 30 to 90 days from the date of injury.

A Note on Partial Plates and Witness Follow-Up

In hit-and-run cases, even a partial license plate can lead to driver identification. A DMV records search on partial plates is a standard investigative step that attorneys and their investigators can perform — but only if intake captured the partial information in the first call.

Intake script addition for hit-and-run calls:

What Makes a Pedestrian Case Sign-Worthy

After working through the intake call, here's the quick summary of what makes a pedestrian case worth bringing to an attorney:

This mirrors how specialized accident attorneys approach client acquisition: with systems designed to convert inquiry to signed client as quickly as possible.

• Clear liability (crosswalk, walk signal, identifiable vehicle)
• OR viable UM/household coverage if hit-and-run
• Significant injuries (hospitalization, surgery, fractures, head injury)
• Comparative fault that is manageable (not jaywalk at night while intoxicated)
• Sufficient time remaining in the statute of limitations

Cases with severe injuries and no coverage path are difficult — but not always impossible. An experienced PI attorney may find a coverage source (employer policy, rideshare vehicle involvement, government entity) that intake couldn't identify. The answer isn't to decline on the spot — it's to present the complete picture and let the attorney decide.

Training Your Team

Pedestrian cases show up in the intake queue alongside car accidents, slip-and-falls, and dog bites. An intake agent who hasn't been trained on UM coverage, hit-and-run qualification, and government tort claim flags will process a pedestrian call like a standard auto accident — and miss the case-specific issues every time.

If your intake team handles pedestrian accidents, UM coverage and comparative fault training should be part of their core curriculum, not an afterthought.