Pedestrian At-Fault

When you are involved in a motor vehicle accident with a pedestrian, or even if you witness these types of accidents, you will likely place the blame on the driver of the vehicle. Even in the event that you are the driver, you may think it is your fault. Fortunately for some drivers, it is not always the driver’s fault. There are a few things to take note of when determining who is at fault in these instances, and in the event that the pedestrian is in fact at fault; there are some factors that help determine this.

Much like there are rules on the road for drivers, there are rules for pedestrians as well. If a pedestrian does not follow those rules, they can be seen at fault just as much as a driver can. We have all seen signs at four-way crossings that tell pedestrians when it is safe to cross and when it is not. These are very important because these signs coordinate with the traffic lights at the same crossroad, and while this does not mean the driver will come to a complete stop at a red light, you will know when you have the right of way. The same will apply for jaywalking. There are specific places made available for pedestrians to get across the street, and jaywalking is not legal. If a pedestrian is struck for jaywalking and no other factors are involved, it is very possible if not guaranteed that the pedestrian will be held at-fault for the accident.

There are several ways outside of jaywalking that may lead to a pedestrian causing a motor vehicle collision. Such as:

  • Walking on the streets at night with clothes on that are too dark for a driver to see you. 
  • Crossing the road without checking for cars. The “look both ways before you cross the street” lesson you learned as a child is not just for children. 
  • Trashing the roadway in any capacity. This can cause a driver to lose control of their vehicle. 
  • Disregarding pedestrian traffic signals that did not authorize crossing
  • Being under the influence of any alcohol or drugs and crossing the street
  • Distracting drivers in any way
  • Running into the street for anything or reason

Should you or someone you know be an at-fault pedestrian in a pedestrian-involved motion vehicle accident, speak with a criminal defense attorney in your area, like a Dekalb County attorney, to see what legal options are available to you.

Thanks to the law office of Andrew R. Lynch for their insight into what can happen when a pedestrian is at fault in a car accident.