"I happened to look over, I saw her running across the road. It looked like she was going to stop crossing but then she just kept on running. The driver slammed on his brakes and tried to miss her but there was no way he could," said eyewitness and employee of Family Coin Laundry, Terry Leach.
The pedestrian's nephew told 59News, it was an accident.
"She should have been watching to make sure the road was clear. When you're coming 45 mph off that hill, it's hard to stop and to not hit someone running across that road. She should have waited. This was all an accident," said Gary Stafford.
According to the Raleigh County Prosecutor's Office, several factors play into whether or not charges are filed on a driver when a pedestrian is hit.
"Factors such as if the driver was under the influence, or was operating the vehicle under a reckless manor, or had criminal intent. If they are involved in an accident they do have an obligation to stop and ensure the person struck gets medical attention," said special investigator for the Raleigh County Prosecutor's Office, Jeff Shumate.
Although the investigation is ongoing, Beckley Police say so far evidence shows the driver did pull over, did not have intent to harm the pedestrian, and was not under the influence of drugs or alcohol. They say because it appears the driver handled the situation correctly, no charges are pending at this time.
Leach said on Thursday night, traffic was so bad that she never would have considered taking that risk.
"This road was so busy last night, there was no way that I would have attempted to cross it. No way. But they do all the time, they constantly cross it and they're fine. This one time, she wasn't fine," she told us.
Shumate says the woman will not be cited for "j-walking."
The woman's nephew said she has a compound fracture in her right leg. She's expected to recover at Raleigh General Hospital over the next 3 weeks.