Pedestrian Accidents: Who is at Fault

by | Jan 19, 2021 | Blog | 0 comments

Pedestrian versus motor vehicle accidents often result in catastrophic injury or death to the pedestrian. According to the NHTSA’s most recent statistic, pedestrian fatalities topped just over 6,000 people, and unfortunately that number continues to rise, ( When we think of pedestrian involved motor vehicle accidents, the fault is primarily focused on the driver of the involved vehicle, but there are instances that the pedestrian can be at fault. Keep reading to learn more.

A pedestrian is defined as any person on foot, walking, running, jogging, hiking, sitting and even laying down according to the NHTSA. The old adage, “the pedestrian always has the right of way,” is not always the case when it comes to the position of fault in personal injury claims. Compensation for injury or loss will depend on the at fault party.

Most common scenarios for pedestrian accidents when the driver is clearly at fault.

  • · Driving while intoxicated or impaired
  • · Distracted driving
  • · Driving at high speeds

Most common scenarios for pedestrian accidents when the pedestrian may be found at fault.

  • · Crossing the street in an unmarked area i.e., “jaywalking”
  • · Walking against the traffic signal
  • · Sitting or playing on a sidewalk too close to traffic
  • · Walking while impaired or intoxicated along a busy roadway

Shared fault will be considered when both the pedestrian and the driver have partial fault. For example: a driver is speeding to get through a yellow light and a pedestrian is crossing the street against the traffic signal and an accident occurs. Shared fault will be determined under a comparative negligence rule. This variation of this rule is either modified or pure comparative negligence based on the state you reside in. In short, the amount of compensation an injured pedestrian will receive will be reduced by the amount of shared fault or percentage they were responsible for.

If you or a loved one have been injured in an accident, you need an attorney you can trust. Call the Law Offices of Reginald Keith Davis for your free initial consultation.

Phone: (913) 299-8789