Factors That Determine Fault in an Auto-Pedestrian Accident

Personal Injury Lawyer

Unfortunately, car accidents are common, and even seemingly minor incidents can cause severe injuries. When a pedestrian is involved, the situation is often much worse. A pedestrian doesn’t have the protection that someone in a car has. When a car runs into someone walking down the road or sidewalk, the victim can suffer life-threatening damages. This doesn’t mean the driver is always liable for the injuries. Whether you’re the driver or the victim, you need to understand what determines fault in these cases.


If the driver is going above the posted speed limit, he or she will at the very least share the fault in the accident. If the pedestrian is obeying all laws and exercising reasonable care in the situation, but the driver is speeding, the driver will be liable for any damage and injuries. Liability will be greater when the speed is more excessive and if it occurs in a school zone.

Running a Red Light

The driver will always be at fault for hitting a pedestrian if he or she runs a red light. This will even be the case if the pedestrian failed to use a crosswalk or darted out in front of you unexpectedly.

Failure to Stop at a Crosswalk

Expect severe penalties if you’re the driver, and you run through a crosswalk and injure a pedestrian. Drivers should stop and allow pedestrians to pass even if they believe there is room to safely avoid the person walking.

Driving Under the Influence

Another negligent act is driving while under the influence of drugs or alcohol. These conditions can impair the driver’s judgment and reaction time behind the wheel.

When the Pedestrian Could Be at Fault

While it may seem as though a driver would always be to blame for an auto-pedestrian case, there are occasions where the person walking would be to blame. One of the most common arguments that a driver in an auto-pedestrian case would make would be that the pedestrian was jaywalking. If the driver was obeying all traffic laws, and the pedestrian suddenly darted across the middle of the road, the driver will not likely be at fault. If you’re the driver, your lawyer will attempt to show the court that you didn’t have enough time to avoid the pedestrian and that the collision was unavoidable. In this case, the pedestrian may also be liable for damage the car may have caused to other vehicles as well.

Understand these laws so you can be prepared for your case. A lawyer, like a personal injury lawyer from Hickey & Turim,will work hard to ensure you get the best outcome possible.