Are Pedestrians Ever Found Liable for Pedestrian-Car Accidents?

Pedestrian accidents are on the rise in the US. According to the Governors Highway Safety Association (GHSA), a total of 6,590 people lost their lives due to pedestrian accidents, the highest in more than 30 years. In most cases, pedestrian accidents end up in the pedestrians incurring disparate damages compared to the motorists involved in the incident. While pedestrians suffer from life-altering injuries, motorists sustain minor damages due to the safety provided by the body of the automobile they drive. Due to this reason and the general perception that pedestrians always have the right of way, people presume that it is always the motorist responsible for causing an accident. However, that is not true from a legal standpoint. Pedestrians can be at-fault and can be held liable for an accident. This blog will discuss how fault is determined in a pedestrian-car accident and incidences where pedestrians can be held liable for causing accidents.

How Is Fault Determined in a Pedestrian-Car Accident?

Before delving into the specifics of what aspects influence fault determination in case of pedestrian-car accidents, let’s take a closer look at the responsibilities and duties every road user is obligated to deliver.

A Road User’s Duty of Care

Everyone who is on the road and uses it has certain legal obligations they need to fulfill. This legal obligation is known as the duty of care and is owed by all road users to other people on the road. Duty of care means that you owe the responsibility of acting reasonably when on the road. This means that you are obliged to ensure that your actions or failure to act do not cause injury to other road users or damage property. Anyone who fails to uphold the duty of care and causes an accident is liable for the damages brought about due to the incident.

What Is Considered a Breach of Duty of Care?

No person can be expected to behave perfectly in every situation. However, people need to exercise reasonable care under all circumstances. A failure to behave reasonably can be considered negligence, and you can be held liable.

When it comes to motorists, they are expected to have the skills of an average motorist. This is termed the objective standard of care. On the other hand, pedestrians are obliged to exercise reasonable care for their safety. In other words, a pedestrian must take action and care proportionate to the danger that is to be avoided.

Determining Fault in a Pedestrian-Car Accident

As described earlier, both pedestrians and motorists have a duty of care. However, sometimes the party who is in a breach of duty is clear. Some instances where motorists are in a clear breach of duty are:

• When a motorist runs a stoplight
• When a motorist fails to stop at a designated crosswalk
• When the motorist is driving recklessly
• When the motorist is speeding
• When the motorist is driving under the influence
• When the motorist takes a right turn on a red light when a pedestrian is crossing

Some instances where pedestrians can be held liable for negligence are:

• Jaywalking: Pedestrians should crossroads using designated crosswalks or ensure there is no impeding traffic that can endanger their safety before crossing
• Wearing dark clothes when walking
• Not following traffic signals and walking through the crosswalk when the sign says otherwise.
• Walking while under the influence of alcohol or drugs
• Intentionally distracting drivers
• Negligently or intentionally throwing items onto the driving lane
• Suddenly darting into the street
• Walking on roads where pedestrians are not allowed

At times, both the pedestrian and driver can be at fault for the accident. Under such circumstances, different states use different models for calculating and determining the fault of each party. Two basic models are used and adopted in different forms for determining fault across the US:

Contributory Negligence

Only a few states subscribe to this model. Under this model, if the party bringing the claim is negligent even to a small extent, then the case is dismissed. This model of determining fault can result in harsh results for the party bringing the claim. Irrespective of whether the culprit was 99% at fault, the model can result in the plaintiff losing the compensation they deserve and bringing them to justice.

Comparative Negligence

Under this model, liability is determined based on the extent to which each party was at fault. A percentage of negligence is allocated to the pedestrian and the motorist involved in the accident. There are two variations of the comparative negligence model that are adopted:

1. Pure Comparative Negligence: Under this model, the liability for the accident is split based on the percentage of fault that contributed to causing the accident. For instance, if the accident resulted from 30% of the pedestrian’s negligence, the motorist will be liable for paying 70% of the pedestrian’s damages. Thus, the model reduces the liability of the at-fault party but does not eliminate it.
2. Modified Comparative Negligence: Like the pure comparative negligence model, the modified comparative negligence model splits the liability of faults depending on the extent to which they were responsible for causing the accident. However, under this model, the case is dismissed if the extent of the fault exceeds a certain level. This means that the party bringing the claim will not receive any compensation and be considered equally responsible for causing the accident. In a majority of the states, the limit is 50%. Therefore, if a pedestrian is found more than 50% at fault, they are barred from recovering compensation for their damages, and the case is dismissed.

The best way to determine who was at fault and what percentage of fault can be attributed to you is by consulting a pedestrian accident attorney. They have an in-depth understanding of the law and have the experience required to evaluate and determine where a case is headed or how it can play out in a court or during a settlement. If you or your loved one has been in a pedestrian-car accident, the best way to go about the process is to hire a seasoned pedestrian accident lawyer.