Who Is at Fault in a Pedestrian Accident?

Pedestrian Accident Attorney

Pedestrian Accident Attorney

The number of pedestrian accidents in the United States is alarming. According to State Highway Safety Offices, an estimated 6,721 pedestrians were killed in 2020 as the result of a motor vehicle accident. Many people think pedestrians always have the right of way, but determining fault requires a careful look at several factors. If you or a loved one were recently involved in a pedestrian accident, the information in this article will help you determine if you need to hire a pedestrian accident attorney. Victims of pedestrian accidents may be entitled to compensation. 


Determining Fault Following a Pedestrian Accident

For victims of car accidents, determining fault may seem apparent. However, it’s not always so black and white. Determining fault after a pedestrian accident injury requires examining:

  • Details from the police report following the accident
  • Eyewitness testimony
  • Conditions of the road
  • Types of signage posted near the accident
  • Driving laws were followed
  • The types of injuries incurred by the pedestrian 

When it comes to finding a resolution, and the case goes to trial, a jury will decide the outcome. Ultimately, the pedestrian accident attorney must prove that the at-fault driver is liable for the accident. 

Situations Where a Pedestrian May Be at Fault

Similar to drivers, pedestrians must also follow traffic laws. For example, pedestrians should wait for a walk signal when crossing the street. However, if a pedestrian does not abide by this law and causes an accident, a driver could file a claim against the pedestrian. When examining a pedestrian accident injury, lawyers look into whether the pedestrian crossed the street at a designated crosswalk and did not jaywalk

Pedestrian intoxication is another leading factor in determining fault. An intoxicated pedestrian is not necessarily at fault in an accident. The level of intoxication and other factors will determine what role pedestrian intoxication plays in the final settlement. Questions that an attorney may ask include:

  • First, did the pedestrian break any laws?
  • Did the pedestrian recklessly run into the street?
  • Was the pedestrian using marked walkways? 
  • Were pedestrian traffic laws followed?
  • Was the pedestrian crossing at a walk signal?

Situations Where a Driver May Be at Fault

Pedestrian Accident Attorney

Many people assume that the driver is typically at fault following a pedestrian accident, and this is often the case. Drivers have special responsibilities to watch out for pedestrians and to obey posted speed limits. Pedestrians are more likely to die in a pedestrian accident than vehicle occupants. A pedestrian is entitled to a settlement if the driver was:

  • Speeding
  • Negligent in yielding to a pedestrian
  • Under the influence of drugs or alcohol
  • Not proceeding with caution while in the presence of children
  • Ignoring a crosswalk or traffic signs
  • Failing to give a bicyclist the right of way
  • Driving recklessly

Accidents that involve pedestrians often result from driver negligence. In addition, drivers cannot pass neighboring drivers that are yielding to pedestrians. Often when accidents occur, the driver ran a red light, turned on a red without stopping, or failed to stop at an intersection. 

Other Considerations

Pedestrian accident injury laws vary widely by state. In comparative negligence states, the pedestrian may be partly at fault but still able to seek compensation. Some cases involve negligence on the part of both the driver and pedestrian. An example of this may be a driver who is speeding and hits a pedestrian who is jaywalking. A judge or jury may look at the factors involved in the accident when determining an appropriate settlement amount.

The level of compensation you are eligible for as an injured pedestrian will partly depend on the extent of your personal injury. Injuries incurred from car accidents are often debilitating if not life-threatening. Settlement factors may include:

  • Medical debt from hospitalization and therapy
  • Disabilities or disfigurement resulting from the accident
  • Emotional trauma
  • Physical pain
  • Loss of income as the result of recovery time

Your personal injury lawyer will work with a mental health professional to conduct a forensic evaluation. The clinical test provides evidence of the extent of emotional trauma that results from an accident.  


Unsure Whether to Seek Compensation? Ask a Pedestrian Accident Attorney 

If you still are not sure whether you should seek a settlement, find the best pedestrian accident lawyer in your area. Your attorney will examine the facts related to your case before advising a course of action.

A pedestrian accident lawyer can determine what your percentage of fault is. From there, your attorney can negotiate a favorable settlement that helps you recover from the physical and emotional damage of a pedestrian accident. 


Schedule Your Pedestrian Accident Consultation Today

Pedestrian Accident Attorney

Many states have statutes of limitation on filing for damages following a pedestrian accident, so don’t wait to start the legal process. At Alpha Accident Lawyers, our team of attorneys and legal experts have the experience and resources to recoup lost wages, medical expenses, and other losses following a pedestrian accident. 

When it comes to finding the biggest settlement for you and your loved ones, experience matters. Contact our office today for a free, no-risk consultation. 



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