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Who is Liable in a Pedestrian Accident?


— February 2, 2022

The pedestrian can also be found negligent in the accident for walking in an area they are not supposed to, jaywalking, ignoring stop lights, or acting recklessly while walking. 


Accidents that involve cars and pedestrians can be extremely dangerous, and sometimes fatal. Every accident is different, and the driver of the car is not always at fault. There are certain precautions that pedestrians and cyclists can take to keep themselves safe. Being aware of the common situations where accidents occur can help prevent danger. It is also important to determine liability in pedestrian accidents.

Common Causes of Pedestrian Accidents

According to the Center for Disease Control and Prevention (CDC), 5,977 pedestrians were killed in traffic crashes in the United States in 2017. Many pedestrian accidents are the fault of a distracted, impaired, or reckless driver. Many DUI and DWAI cases are involved with pedestrian accidents. Accidents also frequently occur in busy areas with lots of traffic, large intersections, and construction.

Pedestrian Safety Tips

Pedestrian Crosswalk
Pedestrian Crosswalk; image courtesy of Free-Photos via Pixabay, www.pixabay.com

There are many ways pedestrians can help keep themselves safe while walking. Here are some common tips:

  • Avoid walking at night without a flashlight or reflective gear
  • Follow all traffic rules, including stop lights designated for pedestrians
  • Walk on the sidewalk
  • Avoid walking when you are under the influence to lower your risk
  • Avoid walking while distracted, including being on the phone or listening to music
  • Use crosswalks when possible

What to do After a Pedestrian Accident

After an accident between a car and a pedestrian, there are important steps to follow no matter what party you are. 

  • Do not leave the scene of the accident
  • Contact the police
  • Document evidence including damages and injuries
  • Tend to all injuries

Leaving the scene of the accident is one of the worst things you can do because you could be accused of a hit and run which is a much more severe charge. After the situation of the accident is assessed, it is important to determine who is at-fault, which can be difficult.

Who is Held Responsible for the Accident?

The driver can be found negligent if for a number of reasons including breaking the law, running stop signs, being under the influence, speeding, and driving recklessly. The pedestrian can also be found negligent in the accident for walking in an area they are not supposed to, jaywalking, ignoring stop lights, or acting recklessly while walking. 

A pedestrian accident attorney can help fight for your case in court and get you the compensation you deserve after your injuries.Courts will work to determine who is liable by evaluating if there were elements of negligence involved, if the area was a high-traffic area, and if the accident could have been avoided. If it is found that the driver was liable for the accident, you could be entitled for compensation that covers the cost of your injuries. 

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