Many assume the driver is always responsible when a car hits a pedestrian. However, a pedestrian car accident is often more complex. Liability depends on multiple factors, including the actions of both the driver and the pedestrian. While drivers must operate their vehicles safely, pedestrians also must follow traffic laws. Understanding how fault is determined helps you navigate the legal process.
Understanding Fault in Pedestrian Car Accidents
Negligence, the legal principle establishing fault when someone fails to act with reasonable care, typically determines fault in a pedestrian car accident. Courts, insurance companies, and attorneys assess fault based on several factors:
- Right-of-way laws. Pedestrians typically have the right of way in marked crosswalks. However, they must obey traffic signals and avoid stepping into traffic unexpectedly.
- Driver behavior. Speeding, distracted driving, running red lights, and failing to yield are common driver errors that cause pedestrian accidents.
- Pedestrian actions. Jaywalking, using a phone while walking, or crossing against traffic signals shifts liability to the pedestrian.
- Environmental factors. Poor lighting, obstructed views, and weather conditions contribute to an accident.
- Evidence from witnesses and cameras. Testimonies and video footage clarify how the accident occurred.
Each of these factors is considered when determining liability. Even if the driver struck the pedestrian, the pedestrian’s actions may have helped cause the outcome.
What Happens If You Hit a Pedestrian in a Crosswalk?
Hitting a pedestrian in a marked crosswalk usually places fault on the driver, as these areas provide for pedestrian safety. However, exceptions exist. If pedestrians ignore a “Don’t Walk” signal or run into traffic, they may share some or all liability.
California requires all drivers to exercise care to avoid hitting pedestrians, even when pedestrians violate traffic laws. If a car strikes a pedestrian in a crosswalk, the consequences may include:
- Police investigation. Officers assess the scene, interview witnesses, and determine the violation of any traffic laws.
- Insurance claims. The pedestrian or their family may file a claim against the driver’s insurance for medical expenses, lost wages, and pain and suffering.
- Legal liability. If the pedestrian suffers serious injuries, they may sue for additional compensation. California’s comparative negligence system allows the sharing of fault between both parties.
- Criminal charges. Drivers who engage in reckless driving, DUI, or hit-and-run accidents may face criminal penalties.
These consequences highlight the seriousness of pedestrian accidents and the importance of following traffic laws to prevent them.
Can a Pedestrian Sue If Hit by a Car?
Yes, pedestrians may sue even if they are partially at fault. The outcome of a lawsuit depends on the level of negligence involved. If the driver was texting, speeding, or otherwise negligent, the pedestrian may pursue compensation for:
- Medical expenses—hospital visits, physical therapy, and future medical expenses;
- Lost wages—compensation for time missed from work due to injuries;
- Pain and suffering—emotional distress and reduced quality of life; and
- Long-term disability—if the injuries cause permanent disability, the court may award additional compensation.
California follows a pure comparative negligence rule, meaning injured pedestrians are entitled to recover damages even if they were partially responsible. However, their compensation is reduced by their percentage of fault. For example, if a court determines that a pedestrian is 30% at fault, despite this, they may still recover 70% of their damages.
Even in cases where the fault is shared, a pedestrian still has legal options to pursue compensation. Consulting an attorney helps clarify the best course of action.
When Is a Pedestrian at Fault for an Accident?
Although drivers have a duty of care, pedestrians are also responsible for accidents. Common examples include:
- Jaywalking—crossing outside of designated crosswalks or against traffic signals,
- Walking while distracted—looking at a phone or wearing headphones while crossing,
- Sudden movements—running into traffic without giving drivers time to react, and
- Being under the influence—walking while impaired by alcohol or drugs increases reckless behavior.
If a pedestrian is found at fault, their ability to recover damages may be reduced. In some cases, they may be responsible for damages to the driver, such as vehicle repairs or medical bills, if the driver was injured while trying to avoid them.
Steps to Take After a Pedestrian Accident
Whether you are a driver or a pedestrian, taking immediate action after an accident protects your rights. Don’t worry if you don’t remember to take all of the following steps. Your attorney tracks down the relevant evidence and information you may have missed in the collision’s aftermath.
- Call 911. Reporting the accident ensures law enforcement documents the scene and creates an official report.
- Seek medical attention. Even if injuries seem minor, a medical evaluation is essential.
- Gather evidence. Take photos, get witness statements, and note road conditions and traffic signals.
- Avoid admitting fault. Let the investigation determine liability instead of making assumptions.
- Contact an attorney. An experienced personal injury attorney helps you navigate insurance claims and potential lawsuits.
Each step is crucial in building a strong case and ensuring the proper legal procedures are followed. Delays or mistakes in these early moments impact your ability to secure fair compensation.
How to Prevent Pedestrian Accidents
Both drivers and pedestrians share responsibility for reducing pedestrian accidents. Taking proactive steps lowers risks and improves safety for everyone on the road.
Tips for Drivers:
- Yield to pedestrians at crosswalks and intersections;
- Stay alert in areas with heavy foot traffic, like school zones and residential streets;
- Avoid distractions, such as texting or adjusting in-car controls;
- Follow speed limits, especially in pedestrian-heavy areas; and
- Use extra caution in low-visibility conditions, such as at night or in poor weather.
Drivers play a key role in preventing accidents and protecting lives by prioritizing pedestrian safety.
Tips for Pedestrians:
- Cross at designated crosswalks and follow traffic signals,
- Stay attentive and avoid phone use while walking near traffic,
- Wear bright or reflective clothing when walking at night,
- Make eye contact with drivers before stepping onto the road, and
- Avoid alcohol or drug impairment when walking near traffic.
Pedestrians significantly reduce their risk of accidents by staying alert and following these essential safety practices.
By staying alert, drivers and pedestrians help prevent devastating accidents and protect lives.
Protecting Your Rights After a Pedestrian Accident
Pedestrian accidents are legally complex, and the driver and the pedestrian often share fault. Whether you were hit by a car or involved in a pedestrian-related collision, understanding your legal rights is crucial. The legal team at Henderson Law provides compassionate and effective legal services to individuals facing personal injury, wrongful death, and related challenges. Attorney Michael Henderson is committed to fighting for your rights, whether you suffered injuries in a car accident, slip and fall, or other type of accident. With over 25 years of experience, Henderson Law brings unparalleled legal expertise and a deep understanding of California’s personal injury laws to each case. For a free consultation, visit our website or call us today. Let Henderson Law help you navigate the road to recovery.