Mar 12, 2025 - Blogs by Sky Law Group
Imagine walking through a busy city street when suddenly, a car strikes a pedestrian. Instinctively, many assume the driver is always at fault for the accident. However, determining fault in pedestrian accidents is often more complicated. While drivers have a duty of care to yield to pedestrians, there are instances where a pedestrian may also share fault for the accident. This article explores whether a driver is always at fault when a pedestrian is hit, how fault is determined in pedestrian-car accident cases, and what injured pedestrians and motorists should know about their legal rights. If you or someone you know has been involved in a pedestrian accident, consulting an experienced personal injury lawyer can be crucial in understanding liability and securing rightful compensation. Understanding Fault in Pedestrian Accidents Determining fault in a pedestrian accident case requires a careful examination of the circumstances surrounding the collision. In many cases, drivers are expected to yield to pedestrians at marked crosswalks and intersections. However, pedestrians must also adhere to traffic laws to ensure their safety. The Role of Negligence – Fault for a pedestrian accident is often determined by negligence. Negligence occurs when a driver or pedestrian fails to exercise reasonable care, leading to an accident. A motorist may be found at fault if they were speeding, distracted, or failed to yield to a pedestrian at a crosswalk. However, if a pedestrian is at fault, such as by jaywalking or walking into traffic unexpectedly, they may share fault for the accident. Comparative […]