Pedestrian and motor vehicle collisions involving pedestrians walking can result in severe injuries or even fatalities. When a car hits a pedestrian, determining fault, liability, and how much compensation an injured pedestrian can recover damages is crucial. But is a driver always at fault when hitting a pedestrian? The answer depends on various factors related to the specific pedestrian accident case and the behavior of the driver and the pedestrian.

At the core of these traffic accidents is the shared duty of care between drivers and pedestrians. Drivers have a responsibility as vehicle drivers to operate their vehicles safely, obey traffic signals, yield the right of way, and avoid hitting pedestrians. Failing to uphold this duty by actions like distracted driving, speeding, running red lights, or driving under the influence can constitute negligence that makes the driver liable if they hit a pedestrian.

However, pedestrians also have a legal duty of care to follow laws of the road, use marked crosswalks and crosswalk signals, and avoid actions that could contribute to an accident occurring, such as jaywalking, impaired walking while intoxicated, or crossing against a red light signal. When pedestrians violate traffic rules meant to protect their safety, it can shift some or all of the fault for the accident onto them.

Injured in an accident? Our personal injury lawyers at Poynter & Bucheri will fight for the compensation you deserve so you can focus on your recovery. Call us at 1-800-265-9881.

Determining Responsibility and Fault in Pedestrian Accidents

When a pedestrian car accident or crash occurs, multiple factors are considered to determine fault in pedestrian accidents and establish legal liability for any injuries or damages.

Here are some common scenarios and potential fault in a pedestrian allocation:

Driver’s Fault

A speeding driver who runs a red light and their car hits a pedestrian in a marked crosswalk is likely to be found primarily or entirely at-fault for the accident and the pedestrian’s injuries. The driver breached their driver’s responsibility by failing to obey roadway laws and yielding the right of way to pedestrians who had the legal right of way.

Pedestrian’s Fault

A jaywalking pedestrian who crosses an unmarked crosswalk against a traffic signal and is hit by a car that did not have adequate time to react may be found primarily at fault for an accident and held liable for their own injuries. In this case, the jaywalking pedestrian caused the accident by disregarding roadway laws and failing to exercise reasonable care for their own safety.

Shared Fault

In many accidents, both the driver and pedestrian may share some degree of fault for the accident based on their respective actions. For example, if a driver fails to yield at a crosswalk signal but a pedestrian crosses while distracted by their phone, both parties could be found partially responsible for the collision and liable for a portion of the injuries under pure comparative negligence or modified comparative negligence laws.

The degree of fault assigned to each party can vary significantly depending on the specific circumstances and details of the accident, as well as the laws in the jurisdiction where the accident occurred. A state can be a pure comparative negligence state that allows an injured party to recover damages reduced by their percentage of fault, or a modified comparative negligence state that bars any recovery if the plaintiff was more than 50% at fault in pedestrian accidents. A few states still follow contributory negligence rules that completely bar an injured pedestrian from recovering if they were at fault at all.

Indiana does not follow contributory negligence but instead follows the modified comparative negligence guidelines.

Protecting Injured Pedestrians

Regardless of fault determination, pedestrians struck by a car are often the most vulnerable parties in pedestrian car accidents, facing significant injuries with severe physical, emotional, and financial consequences. Even with a pedestrian sharing some fault for the accident, the extent of their injuries is frequently catastrophic compared to the damages sustained by the driver.

In these situations, it’s crucial for injured persons to first seek immediate emergency medical treatment to stabilize any life-threatening injuries and receive care for their urgent medical needs. After stabilizing their condition, consulting with an experienced personal injury lawyer is highly advisable.

Recovering Compensation

A skilled pedestrian car accident lawyer can be an invaluable asset from the outset by ensuring the preservation of key evidence from the scene, locating witnesses, dealing with the insurance companies, proving fault and liability, documenting damages, and building the strongest possible case to maximize compensation. They understand how to overcome allegations of comparative negligence through strategic evidence presentation and legal arguments grounded in the state’s laws.

With their experience, a pedestrian accident lawyer can fight to recover compensation from the at-fault driver’s insurance company or the vehicle driver directly. This compensation can provide payment for past and future medical bills, lost wages, loss of earning capacity, pain and suffering, emotional distress, permanent disability or disfigurement, and any other economic or non-economic accident-related losses or damages.

Even in cases where a pedestrian shares some fault based on factors like jaywalking or comparative negligence allegations, an experienced attorney can advocate to recover the maximum possible partial compensation permitted by the state’s laws and the specific circumstances of the case.

During a free consultation, a compassionate car accident attorney can comprehensively evaluate the details of how the car accident occurred and advise on the best path forward for filing personal injury claims and pursuing fair and full compensation from all liable parties and applicable insurance policies.

Tips to Avoid Pedestrian Car Accidents

While these accidents are often serious and can have catastrophic outcomes, they are sometimes preventable when both drivers and pedestrians exercise appropriate caution and responsibility.

Taking proactive steps to reduce the risk of collisions and protect pedestrians from harm is a shared duty.

For Drivers:

• Stay alert and avoid any distractions like cell phones, eating, or adjusting controls while driving. A momentary lapse in focus can have disastrous results.
• Obey all traffic laws, posted speed limits, traffic signals, and rules requiring yielding to pedestrians whether at a marked crosswalk, intersection, or other crossing areas.
• Be extra cautious and reduce speeds in areas with high pedestrian traffic like school zones, downtown areas, neighborhoods, parks, etc. Many pedestrian accidents occur in these areas.
• Never drive while impaired by alcohol, drugs, fatigue or any other condition that compromises your ability to operate a vehicle safely.
• Be prepared to stop and yield to pedestrians crossing, even when they don’t have the right of way – it’s better to be safe than to become involved in a tragic accident.

For Pedestrians:

• Only cross at marked, designated crosswalks and intersections and obey all pedestrian crossing signals – jaywalking and crossing against lights are extremely hazardous.
• Avoid crossing between parked cars or in areas where your visibility is limited and a speeding driver may not see you.
• Remain completely alert and focused – avoid distractions from cell phones, headphones, reading, or other activities that divert your attention while walking near traffic.
• Wear bright, reflective clothing and carry a flashlight when walking at night or in low-visibility conditions to ensure maximum visibility to drivers.
• Make clear eye contact with drivers before crossing to confirm they see you and are stopped – never assume they will yield right-of-way.
• Avoid intoxicated or impaired walking that could impact your judgment, coordination and ability to cross safely.

Both drivers and pedestrians must take responsibility to understand and uphold their respective duties and follow all traffic laws designed to prevent pedestrian-vehicle accidents. Even if a driver or pedestrian believes they can safely proceed based on the situation, erring on the side of extreme caution is wise – a single misstep or moment of negligence can have disastrous consequences.

Determining Fault and Seeking Justice

Determining precise fault and liability in a pedestrian accident often requires a very thorough investigation into the specific circumstances surrounding how the accident transpired, analysis of all evidence, accident re-creation and consultation with experts. Compelling arguments and skillful advocacy are required in many cases, especially where there are allegations of shared fault by both the driver and pedestrian.

Poynter & Bucheri Pedestrian Accident Lawyer

If you or a loved one has been the injured pedestrian in a pedestrian car accident, consulting with Poynter & Bucheri is essential.

We offer free consultations to assess your case and your car accident. We’ll explain all legal options for pursuing maximum compensation for your injuries, damages and accident-related losses caused by an at-fault or negligent driver.

By promoting shared responsibility, prioritizing safety, and ensuring pedestrian accident victims have powerful legal advocates, we can reduce pedestrian accident rates, achieve justice and fair compensation for victims, and ultimately create more secure roads for everyone. Working together, drivers and pedestrians can build a safer environment through attentiveness, exercising reasonable care, respecting laws, and holding negligent parties accountable.

Navigating the legal system can be overwhelming. Our experienced attorneys are here to guide you every step of the way. You can view more of our pedestrian accidents blog posts located on our website.

Contact our offices today at 1-800-265-9881 and start the road to recovery. With our dedication to knowing traffic laws and having years of experience, you can trust us to handle your case with the utmost care.