Pedestrian Accident Rights: What You Need to Know

The Severe Impact of Pedestrian Accidents

When a pedestrian is struck by a vehicle, there is no crumple zone, no airbag, and no seatbelt. The human body absorbs the full force of the impact. As a result, pedestrian accident injuries are frequently catastrophic — including traumatic brain injuries, spinal cord damage, fractured bones, and fatal outcomes. According to NHTSA, a pedestrian is killed in a traffic crash approximately every 75 minutes in the United States.

Who Is At Fault in a Pedestrian Accident?

The common assumption is that drivers are always at fault when they hit a pedestrian — but this isn't always legally accurate. Fault depends on the specific circumstances of the accident, applicable traffic laws, and the conduct of both parties.

When Drivers Are At Fault

• Failing to yield at a marked or unmarked crosswalk
• Speeding or driving too fast for conditions
• Distracted driving (texting, phone use)
• Running a red light or stop sign
• Driving under the influence
• Backing out of a driveway without checking for pedestrians

When Fault May Be Shared

• Pedestrian crossed against the signal (jaywalking)
• Pedestrian entered traffic suddenly without allowing time for drivers to react
• Pedestrian was using a phone or distracted while crossing
• Pedestrian crossed outside of a crosswalk

In comparative fault states, shared fault reduces — but typically doesn't eliminate — your recovery.

Crosswalk Laws and Pedestrian Right of Way

Every state gives pedestrians the right of way in crosswalks, but the specific rules vary:

• In most states, drivers must yield to pedestrians in both marked and unmarked crosswalks at intersections
• Pedestrians generally don't have the right of way mid-block when not at an intersection
• Some states require pedestrians to wait on the curb until a vehicle has cleared the entire lane, not just yielded
• School zones and hospital zones often have additional pedestrian protections

Evidence Critical to Pedestrian Accident Cases

• Traffic camera and surveillance footage of the accident
• Police report and any citations issued to the driver
• Witness statements
• Photos of the crosswalk, signals, and accident location
• The driver's cell phone records (for distracted driving claims)
• Vehicle black box data
• Your medical records documenting injuries

Potential Defendants Beyond the Driver

In some pedestrian accident cases, liability extends beyond the driver. Relevant parties may include:

• The driver's employer (if driving for work)
• A government entity (if a dangerous crosswalk design or signal malfunction contributed)
• A property owner (if a blocked sightline or defective sidewalk was a factor)

Getting Help After a Pedestrian Accident

Pedestrian accident cases often involve severe injuries, significant medical bills, and long recovery periods — all factors that increase the stakes and the importance of experienced legal representation. If you or a family member was struck by a vehicle, check your eligibility for assistance here.

Frequently Asked Questions

What if I was jaywalking when I was hit?

Jaywalking may reduce your recovery under comparative fault rules, but it rarely eliminates it entirely. Drivers still have a duty to avoid pedestrians who are visible in the roadway. The specific reduction depends on your state's fault rules and the circumstances.

Can I sue the city if a dangerous crosswalk contributed to the accident?

Possibly. Claims against government entities are subject to special procedural requirements including notice of claim filings and shorter deadlines. Consult an attorney promptly if a dangerous road design or defective signal may have contributed.