Hit-and-Run Pedestrian Accidents by State in 2025: CA, TX, FL, NY Laws and UM Coverage

Pedestrian Hit-and-Run: A National Crisis with State-by-State Solutions

The Governors Highway Safety Association reported over 7,500 pedestrian fatalities in the United States in 2023, with hit-and-run crashes accounting for a significant share. As a pedestrian, you have no vehicle and likely no auto insurance of your own — yet you have been harmed by someone who chose to flee. The legal tools available to you depend significantly on which state you are in. Here is a state-by-state breakdown of the four largest states, followed by general principles applicable nationwide.

California

Criminal law: Hit-and-run causing injury is a "wobbler" offense under California Vehicle Code § 20001, meaning it can be charged as either a misdemeanor or felony depending on injury severity. Felony convictions carry 2–4 years in state prison.

Civil recovery: California does not require physical contact for a UM claim involving a phantom driver, but requires independent witness corroboration beyond the claimant's testimony. A bystander's statement or surveillance footage satisfies this requirement.

MVAIC equivalent: California does not have a state guarantee fund for uninsured pedestrian victims. If you carry no auto insurance and have no auto policy with UM, your only civil option is a direct lawsuit against the driver (if identified) or coverage through a resident relative's auto policy.

Statute of limitations: 2 years for personal injury (Cal. CCP § 335.1).

Practical tip: California has extensive traffic camera infrastructure, especially in Los Angeles, San Francisco, and San Diego. Your attorney can request city traffic camera footage; many cities retain it for only 30–72 hours. Act immediately.

Texas

Criminal law: Texas Transportation Code § 550.021 requires drivers involved in crashes causing injury or death to stop, render aid, and provide information. Leaving the scene of an accident causing serious injury is a third-degree felony (2–10 years). Death makes it second-degree (2–20 years).

Civil recovery: Texas requires physical contact for a UM hit-and-run claim OR independent witness corroboration. UM/UIM coverage is optional under Texas law; check your own policy or a resident relative's policy.

No-fault considerations: Texas is a traditional tort state with no PIP requirement, though insurers must offer it. If you have PIP on your auto policy, it covers your medical bills regardless of fault.

Statute of limitations: 2 years for personal injury (Tex. Civ. Prac. & Rem. Code § 16.003).

Practical tip: Texas has a strong network of private traffic and commercial cameras (dashcams, truck stop cameras, convenience stores). Texas law enforcement agencies often use automated license plate reader (ALPR) data to identify hit-and-run vehicles within hours. Request that law enforcement pursue this avenue.

Florida

Criminal law: Florida § 316.027 makes leaving the scene of a crash with injury a felony, and with death a first-degree felony carrying up to 30 years imprisonment. Florida also imposes a 4-year mandatory minimum for DUI manslaughter hit-and-run.

Civil recovery: Florida is a no-fault PIP state. Pedestrians injured by vehicles are covered under the vehicle owner's PIP policy as accident victims, even if they have no car. This provides up to $10,000 in medical coverage. For serious injuries exceeding Florida's tort threshold (significant and permanent injury), you can sue the at-fault driver or file a UM claim.

UM in Florida: UM/UIM is optional. If neither you nor a resident relative carries UM, and the driver flees and is never identified, your PIP coverage is your primary safety net — limited to $10,000.

Statute of limitations: 2 years for personal injury as of 2023 (down from 4 years under HB 837).

Practical tip: Florida's Marsy's Law (Amendment 6) gives crime victims constitutional rights, including the right to be informed of arrests. File a victim registration form with law enforcement to stay current on the investigation.

New York

Criminal law: New York VTL § 600 makes leaving a scene involving personal injury a class A misdemeanor (up to 1 year); if death results, it is a class D felony (up to 7 years).

Civil recovery — MVAIC: New York has the Motor Vehicle Accident Indemnification Corporation, a state-funded body that compensates pedestrians and uninsured motorists who are injured by uninsured or unidentified (hit-and-run) drivers. You must file a Notice of Intention to Make Claim with MVAIC within 90 days of the accident. Failure to meet this deadline generally bars recovery.

UM requirements: New York requires physical contact for a UM claim under a standard auto policy. However, MVAIC fills this gap for pedestrians and cyclists who have no UM policy, without the physical contact requirement (though police report and prompt notice are still required).

Statute of limitations: 3 years for personal injury (CPLR § 214); MVAIC claims have shorter internal deadlines.

Practical tip: New York City's extensive NYPD camera network and MTA bus cameras make hit-and-run identification rates higher than the national average. Press law enforcement to submit a formal camera evidence request within 24–48 hours.

Nationwide Principles for All States

1. **File a police report immediately** — no insurer or fund will pay without one.
2. **Check all auto insurance policies** in your household — a resident relative's UM coverage may apply to your pedestrian injury even if you have no car of your own.
3. **Contact the state's uninsured victim fund** (where available) — in addition to New York's MVAIC, states including Maryland (MAIF), North Carolina (NCRF), and Michigan have equivalent programs.
4. **Photograph any debris, skid marks, and paint transfer** — even without a vehicle identification, physical evidence supports your credibility with both insurers and courts.
5. **Consult a pedestrian accident attorney within 48 hours** — evidence gathering windows are measured in days, not weeks.