What to do first after being hit as a pedestrian
After a pedestrian accident in Portugal, the priority is health and documentation. Liability can depend on details such as the exact location, traffic signs, speed, visibility, pedestrian conduct, driver conduct and evidence collected in the first hours.
1. Medical assistance and authorities
If there is pain, a fall, dizziness, numbness or suspected injury, medical observation and emergency records can be important. A police report helps when there are injuries, a hit-and-run or disagreement about the facts.
2. Vehicle, insurer and witnesses
Keep the vehicle plate, insurer, policy number, driver details, photos of the place and witness contacts. If the vehicle fled, partial details can still help: plate, colour, make, direction, nearby cameras and approximate time.
3. Do not close the claim too early
In bodily injury claims, the assessment may depend on medical evolution, exams, treatment, temporary disability, permanent consequences and work impact. Read any insurer offer carefully if recovery is not stable.
Crosswalk, outside the crosswalk, hit-and-run and no insurance
Pedestrian accidents require different analysis depending on where and how the collision happened. These are frequent scenarios.
Hit on a crosswalk
When the accident happens on a crosswalk, the driver's conduct is usually analysed with particular attention. Even so, photographs, the police report, witnesses and medical documents remain decisive to reconstruct the accident and the damage.
Hit outside a crosswalk
Being outside a crosswalk does not automatically exclude compensation. Liability may depend on the distance to the crossing, speed, visibility, braking, lighting, traffic signs and conduct of both the driver and the pedestrian.
Hit-and-run or uninsured driver
If the driver fled, was not identified or had no valid insurance, record every available detail and involve the authorities. Depending on the facts, the Portuguese Motor Guarantee Fund may be relevant.
Child, older person or vulnerable pedestrian
When the victim is a child, older person or especially vulnerable, future care, loss of autonomy, family impact and ongoing expenses may need more detailed medical and functional documentation.
What can influence compensation after a pedestrian accident
There is no automatic compensation table for every pedestrian accident. Published court decisions can help understand factors of assessment, but each case depends on the facts, medical evidence, liability and legal reasoning.
Medical injury and recovery
Fractures, surgery, hospitalisation, physiotherapy, specialist appointments, imaging exams and permanent limitations may all be relevant.
Expenses and lost income
Medical bills, medication, transport, aids, sick leave, lost salary, lost freelance income and future needs should be documented.
Liability and evidence
Crosswalk location, speed, visibility, witnesses, police attendance, traffic lights and insurer communications can influence the liability discussion.
Practical timeline
- 1
Same day: seek medical care and involve the police if there are injuries, a hit-and-run or disagreement about what happened.
- 2
First days: write down what you remember, keep medical records and organise photos, witness contacts and insurer information.
- 3
Recovery phase: focus on treatment and keep a simple record of symptoms, consultations, tests, sick leave and daily limitations.
- 4
Insurer position: if liability is disputed, review the evidence and communications before answering.
- 5
Offer and negotiation: read settlement offers cautiously, especially if treatment, permanent consequences or lost income are not fully assessed.
Documents to keep
Accident and liability
- Police report or reference number.
- Photographs and video of the place, crossing, signs, lighting and vehicle damage.
- Witness names and contacts.
- Vehicle plate, insurer, policy number and driver details, if known.
Health, expenses and income
- Emergency records, medical reports, tests and prescriptions.
- Receipts for medication, consultations, physiotherapy, transport and aids.
- Sick leave documents and proof of lost salary or invoices.
- All emails, letters and messages exchanged with the insurer.
If the insurer delays, refuses liability or makes a low offer
A pedestrian accident claim can stall because documents are missing, liability is disputed, injuries are still evolving or the insurer considers the damage not yet quantifiable. Ask for the insurer's position in writing and keep communications organised.
If the problem is no response, refusal to pay or a low proposal, see the English guide on what to do when the insurance company is not paying after a car accident in Portugal.
Frequently asked questions
Was the accident on a crosswalk?
A crosswalk is highly relevant, but evidence is still decisive: traffic signs, lights, point of impact, witnesses, photos, police record and medical documents.
Was there a traffic light or sign?
Traffic lights, signs, school zones, lighting and visibility can influence liability. Photos, police records and witness statements help reconstruct the accident.
Did you suffer a fracture, surgery or hospitalisation?
Serious injuries usually require organised medical records, prescriptions, imaging exams, sick leave documents and reports about functional limitations.
Are you on sick leave or unable to work?
Sick leave, salary loss, freelance income loss and reduced work capacity should be documented with employer declarations, payslips, tax records and medical reports.
Have you received a compensation offer?
Compare the offer with medical records, expenses, lost income, non-material damage and future needs. Be careful before signing any final discharge.
How does insurance work in a pedestrian accident?
In general, the analysis goes through the compulsory motor civil liability insurance of the responsible vehicle. The insurer's position depends on evidence, accident dynamics, medical records and the applicable legal framework.
How much is compensation for a pedestrian accident in Portugal?
There is no fixed amount. The analysis depends on injuries, disability, medical expenses, lost income, non-material damage, age, work activity, degree of fault and future needs.
Related reading
Official sources
- Portuguese Road Code - consolidated legislation
- Decree-Law no. 291/2007 - compulsory motor liability insurance
- ASF - Portuguese insurance supervisory authority
- Portuguese Motor Guarantee Fund
Disclaimer: This article is for general information only and is not a substitute for legal advice on your specific case. Deadlines, documents and strategy depend on the facts, evidence, type of damage and stage of the claim.