Can a Pedestrian Be Held Responsible for Your Car Accident?

Usually, when a car hits a pedestrian, we instantly believe that the driver is the one responsible for the accident. But what happens if the pedestrian is actually the one at fault?

For example, let’s say you’re driving to a friend’s house. You’re going slow and paying attention to the road. Suddenly, a pedestrian darts out in front of your car. You hit the brakes and swerve, barely missing the pedestrian. However, your car hits a parked car, causing you an injury. Can you hold the pedestrian responsible for this accident?

A case like the one above seems cut and dry — the pedestrian darted out, causing the accident. In fact, this is one of the few instances where a pedestrian can be found at least partially responsible for a car accident. Other scenarios can include:

• Jaywalking or crossing outside of a crosswalk
• Crossing the street against the traffic signal
• Walking along the highway or a bridge where pedestrian access is prohibited
• The pedestrian stumbles into the street intoxicated

In a car-vs-pedestrian accident, it all relies on the evidence. This is why we always stress that you need an experienced car accident lawyer, who can gather experts to investigate the accident properly and find the true cause of your accident.

What if the pedestrian is injured in the crash as well? If the pedestrian is found responsible for the accident, then he/she may not be able to recover any compensation for his/her injuries. However, the driver may be able to sue for compensation, especially if he/she was hurt or there was damage to the vehicle.

Most times, both the pedestrian and the driver will be held responsible for the accident. If this happens, then you will get only so much compensation, depending on how much fault is prescribed to you. For example, if you are found 10 percent at fault for the accident then you will receive 10 percent less of the damages.