Is the Driver Always at Fault for Pedestrian Accidents?

When a pedestrian is hit by a vehicle, it’s commonly assumed that the driver is always at fault. However, this isn’t always the case. Sometimes, the pedestrian may be at fault for darting into traffic or not paying attention to their surroundings. Other times, the driver may be driving negligently or recklessly and cause an accident even if the pedestrian is careful. So, who is really at fault in these situations?

When the Pedestrian May Be at Fault

Pedestrian accidents may not always be the driver’s fault. In some cases, pedestrian errors could be because the pedestrian was:

• Jaywalking:
• Running into traffic,
• Not yielding right-of-way; or,
• Walking while distracted.

If a pedestrian is injured, no matter who is at fault, it’s essential for them to seek medical attention right away and contact law enforcement.

When the Driver May Be at Fault

A driver may be found at fault for a pedestrian becoming injured for various reasons. Those include if the driver was distracted, speeding, or driving erratically.

The vehicle’s speed is a major component, as a slower-moving car will be more likely to stop in time and avoid hitting a person who has stepped out into the street. A driver who is distracted — either by texting, eating food, daydreaming, or something else — can also lead to disastrous consequences.

When Both the Pedestrian and Driver May Be at Fault

Pedestrian-involved accidents are common, especially in busy cities with high foot traffic. That’s why there are some circumstances where the driver and the pedestrian share equal responsibility for an injury accident. For example, if a pedestrian crosses outside a marked crosswalk or ignores their surroundings, it can result in an unfortunate accident with a vehicle. As such, drivers need to be aware of their surroundings and use extra caution on roads where pedestrians may be involved. Likewise, pedestrians should also take care to only cross within marked crosswalks and remain vigilant while walking near roads.

Don’t Let an Injury Stop You From Seeking Justice

If you are a pedestrian injured in an accident, your first responsibility shouldn’t be determining who was at fault for the accident. Rather, take care of your injuries and alert law enforcement to the incident.

Once your recovery process begins, you should also call a personal injury attorney. The Georgia and Tennessee pedestrian accident attorneys at The Roth Firm, LLC are ready to help you. Our team will not only fight diligently for your rights, but we will also use our expertise and experience to make certain that you are awarded the best compensation available. Get the justice you deserve — reach out to our dedicated attorneys right now. (404) 777-4899