Both drivers and pedestrians can be at fault in a pedestrian-vehicle accident.
Laws are typically tailored to prioritize pedestrian right-of-way and safety, but it’s up to both parties to act in accordance with the rules of the road.
While in some situations it’s obvious who is responsible, determining fault in pedestrian-car accidents is not always straightforward.
Determining who is at fault can be complex and dependent on a variety of situational laws and details.
If you’re involved in a vehicle-pedestrian accident, it’s important to never admit fault at the scene.
This can be used against you in future hearings, deliberations, and arbitrations – so it’s best to turn to a pedestrian accident lawyer to help handle the situation.
Driver Fault
The majority of pedestrian accidents are caused by driver negligence.
This includes scenarios where a driver does not exercise reasonable caution, such as distracted driving, or fails to obey traffic laws and signals.
Some of the most common causes of pedestrian accidents are drivers:
- Not giving pedestrians the right-of-way
- Driving above the speed limit
- Operating their vehicle while under the influence of drugs and/or alcohol
Pedestrian Right-of-Way
Pedestrian laws vary from state to state, but in general, drivers are expected to stop and yield to pedestrians at crosswalks and other marked spaces.
The following Illinois right-of-way laws outline situations when a driver must come to a complete stop.
The rules of the road are similar in California, Missouri, and Pennsylvania.
The situations include:
- When the pedestrian is on a marked crosswalk
- When the pedestrian is on an unmarked crosswalk on the driver side of the road
- While turning at any intersections, including legal right turns on red
- When the pedestrian is walking to a walk signal and/or a green light
- At stop signs or flashing red signals where a pedestrian is crossing
Visit Cyber Drive Illinois’ Pedestrian Safety Driver Guidelines for an extensive list.
Speed Limits
Speed limits exist for a reason.
Driving above the speed limit increases both the likelihood of a pedestrian-vehicle accident and the severity of the victim’s injuries.
Drivers who strike a pedestrian while speeding is likely to be found liable and face a variety of other charges, especially in accidents resulting in a pedestrian’s death.
Driving Under the Influence
Driving while intoxicated is dangerous, illegal, and contributes to a large number of pedestrian deaths.
GHSA data shows that 16 percent of drivers involved in fatal pedestrian accidents had a blood alcohol concentration (BAC) that exceeded the legal limit of 0.08 g/dL.
Drivers in pedestrian accidents found to be operating their vehicles while under the influence of alcohol (beyond the legal limit) or drugs can be charged with:
- Fault
- Drunk driving (DUI)
- Reckless driving
- Numerous other charges
It’s also possible that they will lose driving privileges and/or their driver’s license (especially if the injured pedestrian accidents involve drinking and driving).
Pedestrian Fault
Pedestrians can also be at fault in pedestrian-vehicle accidents.
They are expected to follow the rules of the road and give drivers the opportunity to yield.
Courts are more likely to side with the driver in cases where the pedestrian exercises little to no caution.
Disobeying Pedestrian Traffic Laws and Signals
The pedestrian right-of-way laws (listed above) were written to protect pedestrians and give drivers time and space to stop.
So pedestrians can safely cross or walk alongside the road, they designate certain areas for pedestrian use – such as crosswalks, pedestrian paths, etc.
However, this does not give them free rein to disobey walk and traffic signals, venture into the road unexpectedly, or move into a crosswalk at the last second.
Alcohol Impairment
Alcohol impairment is unsafe for drivers and pedestrians alike.
In fact, GHSA data shows that one-third of pedestrians killed in pedestrian-car accidents ages 16 and older had a BAC of 0.08 g/dL or higher.
Pedestrians who are under the influence are more likely to exercise poor judgment and/or disobey laws and signals when near traffic.
They are also more likely to be found at fault.
Shared Fault
Fault can be partially shared by both involved parties.
In many cases, both the pedestrian and driver are somewhat responsible for the accident.
For example:
If a car is speeding and strikes a pedestrian who entered a crosswalk at a non-walk signal, it’s likely they will both argue that the other person caused the accident.
If courts determine shared fault, both parties are expected to contribute to the cost of damages.
However, it’s likely one party will be considered more at fault and will have to cover a greater percentage of the costs.
