People often associate car crashes with unsafe driving. But what happens if a pedestrian causes an accident?
Pedestrians aren’t perfect, and they can enter or use the roadway in a manner that forces a driver into an accident scenario. In fact, drivers are often wrongly blamed for accidents that involve pedestrians.
At Feller & Wendt, LLC™, we have extensive experience representing drivers in pedestrian liability claims. We understand your difficult position as a driver and encourage immediate legal action to protect your finances and reputation.
- Pedestrians can cause car accidents by unexpectedly entering roadways or occupying spaces where drivers don’t expect them.
- Proving pedestrian liability requires documentation and, oftentimes, even expert testimony.
- Drivers injured in pedestrian car accidents can recover compensation via insurance or legal action.
Injured drivers need skilled and committed representation when a pedestrian causes a car accident. Feller & Wendt, LLC™, are.
Determining Fault and Liability
A pedestrian can sue if they are hit by a car, but a driver also can sue if the pedestrian is at fault for the crash.
Duty of Care for Both Parties
In a pedestrian accident case, both the driver and the pedestrian owe a duty of care to avoid harming others. Both drivers and pedestrians are expected to use the roads predictably and safely.
A pedestrian may violate their duty of care by jaywalking, crossing against walk signals, or entering the road in a way a driver would not anticipate. When pedestrians violate their duty of care, they may become liable for any injuries their actions cause.
Comparative and Contributory Negligence Principles
If you are in an accident, your percentage of fault determines whether you can receive compensation for your injuries. Many states use different standards to assign responsibility or fault in a negligence lawsuit, including:
- Modified comparative negligence: In states such as Utah and Idaho, plaintiffs who are partially at fault can recover damages if they are less to blame than the defendants. In these states, the compensation the plaintiff can recover will be reduced by their share of the fault.
- Pure comparative negligence: Plaintiffs in states such as Arizona can recover damages regardless of the percentage of fault assigned to them, but the court will reduce their award based on their share of the fault. Arizona is a pure comparative negligence state, meaning they can recover damages even if they are 99 percent to blame for the accident.
- Contributory negligence: States with a contributory negligence standard prohibit anyone who is even the slightest bit at fault from receiving compensation.
In negligence cases, assigning responsibility to the parties involved in an accident can greatly impact how much money you receive in compensation. If you are in a comparative negligence state, minimizing the percentage of fault assigned to you can mean more compensation for your injuries.
Gathering the Right Evidence
Collecting evidence and information to show who caused the accident is an important part of any pedestrian accident case. Typical pieces of evidence include the following:
- Traffic and surveillance camera footage
- Witness statements
- Police reports
- Professional accident reconstruction
Attorneys and other experts use this information to establish what happened before, during, and after the crash.
An expert’s testimony may be necessary if the situation is complex or involves severe injuries. In complex crash cases, medical professionals, highway safety experts, and others can offer their opinions to help analyze crash evidence and identify liable parties.
Common Pedestrian Fault Scenarios
Certain crash scenarios are more likely to involve a pedestrian at fault.
Jaywalking or Crossing Against Signals
Pedestrian crossing sites tell drivers where they can expect walkers on the road. If pedestrians jaywalk or cross against signals, their presence may cause drivers to swerve or stop abruptly to avoid them.
Drivers make decisions based on what they can reasonably expect. They do not expect a rational pedestrian to cross mid-block or step into the street against a “Don’t Walk” light.
If a pedestrian makes such a move, the driver doesn’t have time to think. Instead, they often swerve into another lane or stop abruptly to avoid hitting the pedestrian. Drivers in those other lanes don’t expect such a move, which can cause an accident.
For example, suppose someone exits a store and sees that the next place they need to go is across the street. They dash behind a parked car toward the other store, not seeing that the light at the end of the block has turned and a car is approaching. The driver slams on the brakes, causing the car behind them to swerve and hit an oncoming car in the other lane. The pedestrian may be liable because they entered the road without warning.
Distracted or Impaired Walking
Pedestrians engage in many distractions that would be unacceptable for drivers. Listening to headphones, texting, and surfing the web via smartphones are all socially acceptable pedestrian behaviors, but they can easily cause accidents.
A pedestrian who is texting or listening to music is distracted and less likely to watch for oncoming cars or pay attention to crossing lights. These basic acts of awareness are part of the pedestrian’s duty of care to use the road responsibly, reliably, and predictably. If they cross against traffic, they may be negligent.
Impairment due to substance use may pose an even greater risk. The reduced inhibition and slower reaction time of intoxication can easily prompt a pedestrian to walk into traffic or attempt to cross unsafely, causing a collision. Because their actions endanger others, the intoxicated person may be subject to arrest depending on state law.
Entering Prohibited Areas or Behaving Recklessly
Some people deliberately disregard pedestrian access laws and walk on restricted roads, including highways. Drivers do not anticipate seeing pedestrians on these roads and may be unable to avoid collisions with them, other cars, or stationary objects. Those who ignore no-pedestrian warnings and access restrictions act in breach of their duty of care, making them potentially liable for an accident.
Ignoring a warning or blocking traffic is also a violation of traffic laws. Pedestrians who engage in these actions may be liable for accidents and potential citations.
Insurance Coverage and Legal Pathways
If you were involved in a pedestrian accident, you may have several pathways to compensation.
Pedestrian's Insurance
If a pedestrian has caused an accident, their automobile, homeowners, or renters insurance may cover damages via liability protection. Liability coverage protects policyholders against personal injury and property damage claims.
If the at-fault pedestrian does not have this insurance, the experienced accident attorneys at Feller & Wendt, LLC™, can help you explore other options.
Driver's Auto Insurance and Options
Depending on who was at fault for the accident, you may seek coverage through certain provisions of your auto insurance policy, such as:
- Liability: Covers costs of injuries or damage that you cause as a driver
- Collision: Covers damage to your car from any crash
- Uninsured or underinsured motorist: Provides reimbursement if an accident involves a driver without sufficient insurance
If the at-fault pedestrian does not have insurance or the funds to pay, your auto insurance may be your primary source of compensation. A lawyer can help you identify other potentially liable parties if your coverage is insufficient.
Lawsuits, Settlements, and Third-Party Liability
If you cannot get compensation through insurance, you might file a lawsuit against the at-fault pedestrian or another responsible party. For example, if a town or city fails to repair faulty walk signals, you might sue the municipality.
Not all lawsuits go to court. You can often negotiate with the responsible party, lawyers, or insurers to cover your medical or property damage costs.
If a mutually agreeable settlement is not possible, litigation is an option. The process is lengthier than settling out of court, but it can result in higher compensation.
Recoverable Damages
Damages in a pedestrian accident case typically fall into one of three categories: economic, non-economic, and punitive.
Economic Damages
Economic damages cover your measurable accident-related costs. They may include the following:
- Medical bills
- Car repairs
- Replacement transportation
- Lost wages
Maximize your potential claim by keeping complete records of expenses, such as payment receipts and repair quotes.
Non-Economic Damages
Non-economic damages compensate for losses that are more difficult to quantify. Common non-economic damages include:
- Pain and suffering
- Quality of life
- Reputational damage
- Reduced quality of life
States differ in how they calculate these intangible losses. Our trusted attorney team can explain how things work in your state and what that means for your claim.
Rare Cases of Punitive Damages
If the evidence shows intentionally harmful or reckless conduct on the defendant’s part, a court may add punitive damages to a plaintiff’s award. Unlike other forms of accident compensation, these damages are a consequence for the defendant. They also serve to deter similar future behavior.
For example, suppose a driver argues with a pedestrian over who has the right of way. The passenger responds by running into traffic, knowing the driver must choose between hitting them and colliding with another car. The court may impose damages to punish the pedestrian for endangering others.
Potential Criminal Charges and Other Consequences
Civil damages are not the only potential costs of a pedestrian accident. Violators may also incur criminal penalties.
Traffic Citations and Fines
A municipality may impose penalties on pedestrians who violate local ordinances, such as jaywalking laws. Less commonly, more severe infractions may incur higher criminal penalties, such as when a group of individuals purposefully obstruct a roadway.
Civil vs. Criminal Legal Proceedings
When you sue a pedestrian for causing an accident, you file a civil action. Criminal proceedings happen if the pedestrian violates a law, prompting the government to pursue charges.
Sometimes, a pedestrian may face both civil and criminal charges. For instance, a publicly intoxicated pedestrian may face criminal charges for public endangerment as well as a civil suit for inciting a crash.
Immediate Steps After a Pedestrian-Caused Accident
Report the Incident and Collect Evidence
If you are involved in an accident, one of your first steps should be calling the police to the scene. The arriving officer will file an official report covering details about the incident, including:
- Pedestrian and driver actions
- Traffic conditions
- Weather and visibility
- Witness statements
You also have the right to collect documentation independently. Take photos of the scene, any damage, and traffic or road conditions. Look for security or traffic cameras, and gather witness statements using the voice recorder on your phone. Objective evidence is the most convincing proof in a lawsuit.
Watch Your Words — Avoid Admitting Fault!
When discussing the accident with police or bystanders, stick to the facts. Avoid speculating or making assumptions, and do not use the word “sorry.” An opposing party can leverage any words that sound like an apology. Above all, do not discuss fault with anyone other than your lawyer.
Why Choose Feller & Wendt, LLC™ for Your Pedestrian Accident Claim
Pedestrians who breach their duty of care to public safety may be liable in a car accident. Feller & Wendt, LLC™, has a proven track record of success, having secured favorable case results for numerous clients.
Our local expertise means we understand local roadways and the complex laws affecting pedestrians and drivers. Our commitment to justice is unwavering, and we give every client our full attention, along with our personal cell phone numbers. Our client testimonials speak to our compassionate and service-oriented approach.
Our personalized style means we’re here to help, no matter your questions. Maybe you’re worried about what happens if you hit a pedestrian or want to know whether a pedestrian can be at fault for your accident. We are here to answer your questions with no obligation.
Call 801-499-5060 or contact us online to request a free consultation. You pay nothing unless we win—it’s our No Fee Guarantee.
* This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
