Pedestrian Accident Liability: Who’s At Fault? (June 2025)

What Counts as a Pedestrian Accident?

People tend to have a clear idea of what car and bike accidents are, but what counts as a pedestrian one? Does the person have to be hit by a motor vehicle, or can bicycles also cause them?

Pedestrian accidents are collisions in which a person who is walking is struck. The most severe of these accidents occur with motor vehicles, but even skateboard collisions can lead to all manner of injuries.

Unfortunately, these accidents are very common, with more than 68,000 pedestrians being injured in crashes throughout the country in 2023.

These crashes tend to occur for the same reasons as car accidents do. Behaviors like distracted driving, reckless driving and intoxication can all result in a struck pedestrian. They can happen on crosswalks and sidewalks, but they are also very common in parking lots. A pedestrian can also be a victim of a hit-and-run accident.

Pedestrian Accident Law: Can a Pedestrian Be At Fault?

Pedestrians are considered to be vulnerable road users and have laws, such as negligence per se, that protect them. This doctrine allows them to hold drivers liable for violating a safety law meant to keep them safe. This doesn’t mean, however, that they can’t cause collisions themselves.

If they behave negligently, pedestrians can be held liable for any losses that occur. As pedestrians, they are responsible for ensuring that they follow traffic laws, so by doing anything that breaches this responsibility and leads to auto accidents, they can face claims and lawsuits.

So when is a pedestrian at fault for a car accident exactly? Pedestrian accident liability would come into play in scenarios such as when they:

• Walk on a highway
• Jaywalk
• Ignore “don’t walk” signs
• Don’t respect right-of-way rules
• Ignore traffic signals
• Walk in the street while intoxicated
• Don’t use a crosswalk
• Dart out into traffic

In a pedestrian hit by car accident that involves jaywalking, for example, the pedestrian could be liable if the driver was unable to stop in time to avoid a crash. They could also be at fault in instances when the driver had to swerve to keep from hitting them and the maneuver resulted in injuries.

What Happens if a Pedestrian Caused an Accident but the Driver Contributed to It?

In many cases, establishing fault is not straightforward. If a pedestrian is hit by a car, whose fault is it when the driver also bears some blame, for instance?

Suppose that you’re traveling 20 mph over the posted speed limit and a pedestrian decides to jaywalk. You can’t stop in time and end up hitting them. In this instance, both parties can be liable for the crash because you were both breaking the law.

This can have an impact on your claim. Most states follow comparative negligence laws, which allow you to recover losses if you were partly responsible for the accident, but your winnings will be reduced by your percentage of fault. The majority of these states have either a 50% or 51% bar rule, so if your fault rises above that, you can’t recover.

Four states and Washington, D.C., however, have contributory negligence laws in place. Under these laws, if you are in any way responsible for an accident, you generally can’t receive compensation.

An important exception to keep in mind relates to pedestrians who are children. Drivers have a higher duty of care when there are children on the road, and some states don’t apply contributory or comparative negligence in cases surrounding them.

Under the tender years doctrine, you, as the driver, can be wholly liable in an accident involving a child under a certain age. This is because young children are unable to exercise reasonable care and are therefore also unable to be negligent.

Damages Available in Pedestrian Accidents

If a pedestrian is at fault for the accident, the driver can file a claim to receive compensation in the form of damages. These can include both general and special damages.

When it comes to general damages vs. special damages, the former compensates you for losses that aren’t financial in nature. Injuries can cause significant physical and emotional distress, so you can claim pain and suffering. If you can’t enjoy your life as you did before the crash, loss of enjoyment of life is also available.

In instances when a loved one dies in the collision, it’s also possible to claim loss of consortium. This compensates you for the support and companionship you have lost.

Special damages are focused on the financial losses you sustained because of the accident. The main part of these damages is made up of the medical expenses you incurred. These include hospital stays, ambulance fees and rehabilitation, as well as future medical care you may need.

If you had to miss days of work because of the injuries, you can claim lost wages, too. In instances when the injuries are so severe that you won’t be able to return to work, it’s possible to receive loss of earning potential damages, too. If the accident results in the death of a loved one, you can get coverage for the funeral costs, as well.

Filing a Pedestrian Accident Claim: Step-by-Step

Just as you’d need to file claims after car accidents, you’ll need to do so after a crash involving a pedestrian. It’s essential that you gather as much evidence as possible to demonstrate that negligence led to the accident. Take pictures and videos of injuries and property damage, and ensure that you get the police to the scene, too.

You will need to file a police report to begin a personal injury claim. The report will provide information on what the officer saw when they reached the scene and contain witness statements that your attorney can rely on when beginning the claim. All of this data is essential to demonstrate who was to blame so that negotiations with insurers can begin.

It’s essential that you speak with an attorney as soon as possible after the accident. It’s likely that you’ll have to contact your insurance company after the crash, and it is always in your best interests to have representation guiding you. Keep that initial conversation with your insurer very short to avoid saying anything that they could use to deny your claim.

Often, insurance companies will make a quick, low offer to try to resolve the claim. Never accept these offers without consulting a lawyer, since you can end up with a settlement that doesn’t cover your losses.

Finding Representation After a Pedestrian Accident

If you have been involved in a pedestrian accident, finding the right lawyer can make a significant difference in whether you can recover compensation for the losses you suffered. A pedestrian accident attorney can help you gather relevant evidence to support your case and negotiate with insurance companies for a fair settlement on your behalf.

At ConsumerShield, our team can connect you with a trusted attorney in your area. We can guide you in securing the representation you need as you navigate the claims process. Contact us to start exploring your options today.