When a vehicle strikes a pedestrian, the results can be devastating as evidenced by data from the National Highway Traffic Safety Administration showing that pedestrian fatalities have steadily risen nationwide over the past decade. In an accident that involves a car and pedestrian, one of the first questions that both parties wonder is: who was at fault? The answer is often more nuanced than people assume. While drivers have a significant duty of care, pedestrians are also responsible for ensuring their own safety. Who’s at fault in a car vs. pedestrian accident depends on multiple factors like traffic laws, and the circumstances of the accident. Understanding how fault is determined can help protect your rights if you’re in an accident that involves both a car and pedestrian.
When is a Driver at Fault in a Pedestrian Accident?
Pedestrian accidents fall under personal injury law where liability is typically determined by whether someone failed to exercise reasonable care. In most states, fault is determined by comparative negligence which means that responsibility can be shared between parties, or one person can be held fully at fault. Here are examples of situations when drivers could be partly or fully at fault.
Distracted Driving
Distracted driving is a leading cause of all traffic accidents. A driver who is texting, talking on the phone, adjusting the radio, or eating is not fully focused on the road. Taking your eyes off the road for even a few seconds can be enough to miss a pedestrian walking in front of you.
Reckless Driving
Reckless driving in areas with high pedestrian traffic such as school zones, residential neighborhoods, and parking lots significantly increases the risk to pedestrians. Examples of reckless driving include:
- Speeding excessively⎯Driving 15 mph over the posted speed limit
- Running red lights or stop signs
- Weaving in and out of traffic
- Aggressive lane changes⎯Cutting drivers off, not signaling, or making last minute changes
- Following another vehicle too closely
- Street racing
Failure to Yield
Drivers must yield the right-of-way to pedestrians in both marked and unmarked crosswalks. Failure to yield to pedestrians is one of the leading causes of pedestrian accidents. When a driver fails to stop as a pedestrian is lawfully crossing, they are almost always held responsible.
Ignoring Traffic Signs & Signals
Disregarding traffic signs and signals is a clear violation of traffic laws, and puts everyone at risk, especially pedestrians who have the right-of-way. If a driver disregards these traffic controls and hits a pedestrian who had the signal to cross, the driver is likely liable.
Driving Under the Influence
Operating a vehicle while impaired by alcohol or drugs severely impairs a driver’s judgment, coordination, and reaction time. Driving under the influence is a reckless act that puts everyone on the road in danger, especially pedestrians.
For a free legal consultation, call
When a Pedestrian is at Fault?
While drivers are often responsible for pedestrian accidents, there are situations where pedestrians may share fault, or be the party at fault. Each state has laws requiring pedestrians to exercise reasonable care to ensure their own safety. Here are examples of situations when pedestrians could be partly or fully at fault.
Jaywalking
Crossing outside of marked crosswalks or ignoring traffic signals violates traffic laws and can place fault on the pedestrian. If a pedestrian walks when the “Don’t Walk” signal is flashing or a red hand is displayed, this is acting negligently. Drivers with a green light have the right-of-way and don’t expect a pedestrian to walk in front of their car.
Darting Into Traffic
Suddenly entering the roadway without giving drivers adequate time to react can make a pedestrian liable, especially if visibility is limited.
Walking in Prohibited Areas
Walking in areas where pedestrian access is prohibited, such as highways, freeways, or construction zones poses a serious safety risk. Highways and freeways have fast moving vehicles, and drivers don’t expect to encounter pedestrians there. In construction zones, heavy machinery, uneven surfaces, open trenches, and debris create a high risk of injury. Workers and drivers in construction zones are focused on operating equipment and vehicles, not looking out for pedestrians, so coming into these areas can make accidents more likely to happen.
Walking While Intoxicated
Walking while intoxicated can significantly increase the risk of a pedestrian related accident. Impaired judgment, slowed reaction times, and poor balance make it harder for an intoxicated individual to navigate traffic safely or recognize oncoming hazards. This can cause an intoxicated pedestrian to accidentally step into the road, misjudge how fast vehicles are driving, and disregard traffic signals.
How Comparative Negligence is Determined in an Accident?
Determining who’s at fault in a car vs. pedestrian accident isn’t always straightforward. Both the driver and the pedestrian may share responsibility for causing the accident, and in those cases, and when that happens, the legal principle of comparative negligence usually applies. Under comparative negligence laws, a percentage of fault is assigned to each party involved. For example, a jury might find that the driver was acting reckless by speeding, so they’re 70% at fault for hitting the pedestrian, and the pedestrian, who was crossing when a “Don’t Walk” sign was flashing, is 30% at fault. How comparative negligence impacts your claim depends on what state you live in. Learn about Ohio comparative negligence in this blog post and Illinois comparative negligence in this blog post.
Click to contact our personal injury lawyers today
What is the Deadline for Filing a Pedestrian Accident Lawsuit?
The deadline for filing a pedestrian accident lawsuit depends on the statute of limitations in the state where the accident occurred. In most states, you generally have two to three years from the date of the accident to file a personal injury claim. Missing the deadline to file a personal injury claim means you’re at risk of losing the right to pursue the compensation you deserve.
Complete a Free Case Evaluation form now
Postman law Pedestrian car Accident Attorneys
If you’ve been involved in a car accident in Ohio or Illinois, it’s important to understand the state specific accident laws that may affect your case, so contact our personal injury attorneys right away. We’ll explain what your rights are and help you secure the compensation you deserve. Contact Postman Law for a free consultation by calling us at 844-POSTMAN or filling out our online form. We have offices in Cincinnati, Denver, Chicago, and Minneapolis, but work with clients nationwide.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
Fault depends on the specific circumstances of the accident. While drivers often have a higher duty of care, pedestrians can also be found totally at fault, or at least partially at fault, if they acted negligently.
No, drivers are not automatically at fault. A driver may avoid liability if the pedestrian acted unpredictably or violated traffic laws.
Pedestrians generally have the right of way in marked crosswalks, at intersections, and when walk signals are active, so drivers must yield in these situations.
Comparative negligence means both parties can share fault. A pedestrian’s compensation may be reduced by their percentage of responsibility.
Lighting, weather conditions, and obstructed views are considered when determining whether the driver exercised reasonable care.
Police reports, traffic camera footage, witness accounts, physical vehicle damage, and professional accident reconstruction are commonly used to determine what happened.
Nothing! Postman Law works on a contingency fee basis, which means you don’t pay anything upfront. We only charge a fee if we win your case or secure a settlement for you. The fee is typically a percentage of the total compensation you receive.
Postman Law specializes in personal injury cases, including car and truck accidents, slip-and-fall injuries, medical malpractice, product liability, wrongful death, workplace injuries, and more. Our attorneys have secured over $3 billion for more than 1.4 million clients.
We move quickly to gather evidence, thoroughly investigate your case, negotiate with insurance companies on your behalf, and represent you in court when necessary. You pay nothing up front. We only collect a fee if we secure compensation for you.
Throughout your case, we stay in close communication, answering your questions, explaining your options, and guiding you every step of the way. Contact us today to schedule a free case consultation.
Approximately ~164 car accidents are reported everyday in Minnesota. If you’ve been injured in a car accident, Postman Law’s personal injury attorneys will fight for your rights and work to get you the compensation you deserve. Contact us for a free car accident case consultation.
Call or text or complete a Free Case Evaluation form
