Pedestrians certainly tend to suffer the most in the event of a pedestrian accident. Their protection is minimal and the damages are high. However, determining liability in a pedestrian accident is hardly straightforward.
Both pedestrians and drivers alike have a common responsibility to obey the rules of the road, but sometimes there are slip-ups. Determining liability in pedestrian cases usually depends on which party was showing negligence of that responsibility at the time of the accident – whether driver, pedestrian, or both.
For example, pedestrians are required to cross the street at designated crosswalks, and drivers must yield to pedestrians in those areas. If a pedestrian is struck in a crosswalk, the liability is placed on the driver. If a pedestrian is struck outside of a marked crosswalk, he or she will likely be labeled partly liable.
In this situation, the pedestrian was jaywalking. Here are a few other scenarios in which a pedestrian may be held partly or fully liable according to AllLaw.com:
- crossing against the traffic signal (i.e. in the crosswalk but against a red “Do Not Walk” command)
- entering a street or highway while intoxicated, and
- walking along highways, bridges, or causeways where pedestrian access is prohibited.
In addition, both parties can be held liable if each was acting negligently at the time the accident occurred. Read further to learn more about determining liability in pedestrian accidents.