When a pedestrian is struck by a vehicle, many people automatically assume that the driver who has struck them is entirely responsible. In many cases, that assumption is correct. Drivers have a duty to remain alert, obey traffic laws and exercise caution around people walking near roadways. However, there are situations in which a pedestrian’s own actions may contribute to the accident or the severity of their injuries.
For example, a pedestrian who crosses outside of a designated crosswalk, ignores traffic signals or suddenly enters traffic without giving drivers sufficient time to react may share some responsibility for a collision that causes them harm. Distractions can also play a role. Walking while using a phone, wearing headphones at high volume or failing to pay attention to surrounding traffic conditions can increase the risk of an accident.
Determining fault for specific collisions
The existence of pedestrian fault does not necessarily prevent an injured person from recovering compensation. Many states apply comparative negligence rules that allow injured individuals to pursue damages even if they were partially responsible for what happened. In these situations, compensation may be reduced based on the percentage of fault assigned to the pedestrian.
Drivers also maintain significant responsibilities even when pedestrians make mistakes. Motorists are expected to watch for pedestrians, obey speed limits and adjust their driving to account for traffic, weather and visibility conditions. Speeding, distracted driving, impaired driving and failure to yield remain common causes of serious pedestrian injuries.
For these and many other reasons, determining fault in re: a pedestrian accident is rarely as simple as reviewing a police report. Working with a skilled legal team can help to ensure that fault is determined accurately, regardless of nuanced circumstances. Even when a pedestrian may have contributed to an accident, they and/or vehicle travelers may still have the right to pursue meaningful compensation for their injuries and losses caused by a crash.
