Are Pedestrians Always at Fault in Pedestrian Accidents? Pedestrians aren’t always at fault in pedestrian accidents.

Pedestrians are not always at fault in pedestrian accidents. Many times, a driver is responsible for a pedestrian-car accident. In some accident scenarios, pedestrians may be distracted and not look up while crossing an intersection. This could lead to the person getting hit by a car. If the pedestrian was aware of their surroundings at the intersection, they might have been able to jump out of the car’s way.

In more cases, it is often a vehicle driver who strikes a pedestrian. When a driver is distracted, they are not upholding their duty of care to other motorists and pedestrians.

Safety on the Streets

Pedestrians need to obey the rules of the road to maintain safety on the streets. When pedestrians ignore these expectations, an accident could occur where some of the fault lies with the pedestrian.

Here are some common situations where a person walking or bicycling on the road might share some of the blame for being hit by a car:

  • Ignoring traffic signals: If a pedestrian or bicyclist charges across a road against the traffic signals, that person is risking their life to get to the other side of the road. Drivers and pedestrians must obey traffic signals, for both stopping or going. Many people crossing the street do not expect a car to enter the intersection as the person is crossing. Similarly, in certain situations, vehicle drivers assume that a person will not dart out in front of the car at a green light. If a pedestrian walks into an intersection without the right of way, then the pedestrian is probably at fault for the accident.
  • Walking along high-speed roads: On many suburban and country two-lane highways, there is no room for someone to safely walk along the side of the road. Often, signs warn people not to walk along the road, as many cars, trucks, and buses are zooming by at speeds between 45 mph and 75 mph. It is very unsafe to put yourself in this situation. If you walk or bike along this type of road and get hit by a vehicle, you might be partially at fault for an accident.

Other occurrences of not following pedestrian rules, like jaywalking across busy roads, or chasing animals into a road, can also be likely seen as the pedestrian having partial fault for any injuries suffered in the accident.

A pedestrian could be found liable for costs associated with the accident, any medical costs, any loss of income due to the injuries suffered, and possibly more.

If you were involved in a pedestrian-driver accident, you may want to consider hiring a personal injury attorney at the Law Offices of Anidjar & Levine. Our team of attorneys can speak with you about the accident and the details of what happened and find evidence to support your side of the story.

Call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation with our team about your recent accident. We want to help you with your legal rights.