Pedestrians and Cyclists Are Dying in Hit-and-Run Crashes at a Rate the Country Has Never Seen
Hit-And-Runs Can Leave Pedestrians And Cyclists With Urgent Legal Questions
Hit-and-run crashes are dangerous for everyone, but they’re especially devastating for pedestrians and cyclists. When a driver leaves the scene, an injured person may be left in the road without help, without answers, and without an obvious insurance company to pay for medical care.
Research from the AAA Foundation for Traffic Safety found that 15 percent of all police-reported crashes in 2023 involved a driver who fled the scene. AAA also found that 1 in 4 pedestrians and nearly as many cyclists killed in crashes that year were hit by a driver who left.
At the Law Offices of Mark E. Salomone, our Massachusetts pedestrian accident lawyers know how overwhelming these cases can feel. If you were hit by a driver who fled, you’re not out of options. There may be insurance coverage, crime victim compensation, and other paths to recovery even when police haven’t identified the driver yet.
Fatal Hit-And-Run Crashes Are Reaching Record Levels
AAA’s 2026 research brief found that hit-and-run deaths have increased sharply since 2010. The annual number of people killed in hit-and-run crashes reached an all-time high in 2022, and the percentage of traffic deaths involving hit-and-run crashes continued to rise in 2023.
AAA President and Executive Director Dr. David Yang said, “While the reasons drivers flee vary, the outcomes are often too severe or fatal.” That’s especially true for people outside vehicles. More than 70 percent of people killed in hit-and-run crashes were pedestrians or bicyclists, according to AAA’s research.
The reasons drivers flee can vary. Some panic. Some don’t have a valid license. Some are driving a vehicle that isn’t registered to them. Some fear a DUI charge, an arrest warrant, immigration consequences, or insurance problems. Whatever the reason, leaving an injured person behind can turn a survivable crash into a fatal one.
Why Pedestrians And Cyclists Face Greater Danger
Pedestrians and cyclists don’t have a steel frame, airbags, or seatbelts to absorb the force of a collision. When a driver hits someone walking or biking and flees, no one may be left to call 911, warn other drivers, or explain what happened.
AAA found that nearly 80 percent of hit-and-run fatalities occurred in darkness. The AAA Newsroom release also noted that pedestrians and cyclists are often struck late at night or early in the morning, when visibility is low, and witnesses may be harder to find.
Those conditions create several risks:
- Delayed Emergency Care: A driver who flees may leave the victim waiting for help during the most critical minutes after impact.
- Less Evidence At The Scene: Darkness, few witnesses, and a fleeing vehicle can make the investigation harder.
- More Severe Injuries: Pedestrians and cyclists often suffer head injuries, fractures, internal bleeding, spinal injuries, and fatal trauma.
- Greater Insurance Confusion: When the driver can’t be identified, victims often don’t know which policy should pay first.
If the crash happened in a crosswalk, drivers still don’t get a free pass by saying they never saw the pedestrian. Massachusetts law requires drivers to use care around people walking, and the facts need to be investigated before an insurance company tries to shift blame.
Leaving The Scene After Injury Is A Crime In Massachusetts
Massachusetts law requires a driver involved in a crash to stop and provide their name, residence, and registration number. Under Massachusetts General Laws Chapter 90, Section 24, a driver who leaves after knowingly colliding with or causing injury to a person can face imprisonment and fines. If the crash causes death and the driver leaves to avoid prosecution or apprehension, the penalties can be even more serious.
A criminal case can punish the driver, but it doesn’t automatically pay the victim’s medical bills, lost wages, or long-term losses. That’s where a civil injury claim becomes important.
The civil case can move on a separate track from the criminal investigation. If police later identify the driver, the victim may be able to pursue a claim against that driver and the available insurance. If the driver isn’t found, other coverage may still apply.
Insurance Coverage May Still Apply If The Driver Isn’t Found
A hit-and-run driver fleeing the scene doesn’t mean you’ve got no way to recover compensation. Massachusetts insurance rules may provide several possible paths.
- Personal Injury Protection: Massachusetts is a no-fault state, and PIP coverage can pay medical expenses, up to 75 percent of lost wages, and replacement services up to $8,000, regardless of who caused the crash. Mass.gov says PIP can apply to pedestrians.
- Uninsured Motorist Coverage: Massachusetts uninsured motorist coverage can protect against losses caused by an uninsured or unidentified hit-and-run driver.
- Household Insurance Coverage: In some cases, a household member’s auto policy may provide UM coverage even if the injured person wasn’t in a vehicle.
- Crime Victim Compensation: Massachusetts may provide financial assistance to eligible victims of violent crime for uninsured medical care, mental health counseling, funeral and burial costs, and lost income.
- Civil Lawsuit: If police identify the driver, the injured person may be able to pursue damages beyond what no-fault or UM coverage pays.
These coverage questions can get complicated fast. A pedestrian may have one insurance path. A cyclist may have another. A victim without their own auto policy may still have options through the vehicle involved, household coverage, or state victim compensation.
Evidence Can Make Or Break A Hit-And-Run Claim
Hit-and-run cases often depend on evidence that disappears quickly. The driver may be gone, but the scene can still tell the story if someone moves fast enough.
Important evidence may include:
- Video Footage: Security cameras, traffic cameras, dashcams, doorbell cameras, and bus cameras may capture the crash or the fleeing vehicle.
- Witness Statements: Drivers, pedestrians, cyclists, workers, and nearby residents may remember the vehicle’s color, direction, speed, or partial plate.
- Debris and Vehicle Parts: Broken mirrors, lights, trim, paint transfer, and other debris can help identify the vehicle make or model.
- Crash Scene Photos: Photos of the roadway, crosswalk, bike lane, lighting, skid marks, debris, and injuries can help prove how the crash happened.
- Police Reports: A report creates an official record of the crash and may help support insurance or victim compensation claims.
- Medical Records: Prompt treatment helps connect the injuries to the crash and document the full impact.
Massachusetts requires a crash report to the Registry of Motor Vehicles when someone is killed or injured, or when property damage exceeds $1,000. Reporting the crash also helps create a record that insurers can’t ignore.
Insurance Companies May Still Push Back
Even when the driver fled, insurance companies may still challenge the claim. Your own insurer may question whether the crash happened the way you described, whether your injuries were caused by the crash, whether UM coverage applies, or whether another policy should pay first.
That’s why you should be careful before giving a recorded statement. A statement made while you’re hurt, confused, or missing key facts can be used later to dispute your claim. Before you talk to an adjuster, it helps to understand why insurance statements after a crash can create problems for injured people.
The insurance company’s job is to limit what it pays. Your job is to get better and protect your claim. Those goals don’t always line up.
Compensation After A Massachusetts Hit-And-Run
A hit-and-run crash can leave a pedestrian or cyclist with serious injuries, missed work, and long-term pain. The available compensation depends on the injuries, insurance coverage, whether the driver is identified, and whether the victim qualifies for additional claims.
Compensation may include:
- Medical Expenses: Emergency care, surgery, hospitalization, physical therapy, medication, follow-up treatment, and future care.
- Lost Wages: Income missed during recovery and reduced earning capacity if the injury affects future work.
- Pain and Suffering: Massachusetts law allows pain and suffering damages in motor vehicle cases when medical expenses exceed the legal threshold or when certain serious injuries occur.
- Mental Health Care: A hit-and-run crash can cause anxiety, sleep problems, fear of walking or biking, and emotional trauma.
- Funeral and Burial Costs: Families may be able to pursue compensation after a fatal hit-and-run crash.
- Wrongful Death Damages: If a loved one was killed, the family may have a separate claim under Massachusetts law.
The value of a serious pedestrian case should depend on the full evidence, not the fact that the driver fled. A driver’s choice to leave the scene shouldn’t leave the injured person or grieving family carrying the financial burden alone.
What To Do After A Hit-And-Run Pedestrian Or Bicycle Crash
If you’re hit by a driver who flees, your safety comes first. After that, the next steps can help protect your health and legal options.
- Call 911 Immediately: Police and emergency responders need to come to the scene.
- Get Medical Care: Don’t assume you’re fine because adrenaline is masking pain.
- Write Down Vehicle Details: Record the color, make, model, plate digits, direction of travel, damage, and anything unusual about the vehicle.
- Find Cameras Nearby: Look for businesses, buses, homes, parking lots, and intersections that may have video.
- Talk to Witnesses: Get names, phone numbers, and what they saw before they leave.
- Save Damaged Clothing and Gear: Shoes, bikes, helmets, bags, and torn clothing may help show the force and direction of impact.
- Report the Crash to Your Insurer: UM and PIP claims often require prompt notice.
Fast action matters because video can be erased, witnesses can become harder to find, and vehicle evidence can disappear. You don’t have to wait for police to finish their investigation before protecting your own claim.
Tell the Insurance Company You Mean Business
If a driver fled after hitting you, you’re likely facing confusion about who’ll pay for your injuries. That uncertainty gets worse when you’re also dealing with pain, medical bills, missed work, and a police investigation that may take time.
Our Massachusetts pedestrian accident lawyers at the Law Offices of Mark E. Salomone have decades of experience dealing with serious hit-and-run crashes. We investigate the scene, look for video, identify available insurance coverage, deal with insurance companies, and pursue every path that may help you recover compensation.
We’ve recovered more than $1 billion for injured people and families. Our case results include a $2.4 million pedestrian accident recovery, a $1 million pedestrian crash recovery, and other hit crash recoveries. Past results don’t guarantee future outcomes, but serious pedestrian and cyclist cases deserve serious investigation.
Find out what we can do for you after a hit-and-run accident. Contact us to schedule your free case evaluation. You only pay us if we win.
“Attorney Salomone, from the initial contact with him and throughout the case, took time and patience to explain the process. He explained the various avenues we could pursue to receive the maximum payment from the insurance companies. When you call The Law Offices of Mark E. Salomone and ask to speak to Mark, he comes to the phone. I particularly liked his calm, clear and patient way of explaining procedures to me.” – Armand J., ⭐⭐⭐⭐⭐
