Pedestrian Liability | Personal Injury Attorney

Could a Pedestrian Be Liable for an Auto Accident?

Personal Injury Attorney | In the majority of accidents between motor vehicles and pedestrians, we tend to assume the driver of the vehicle is going to be the one at fault. In fact, some people believe the pedestrian always has the right of way. This isn’t necessarily true, and there are some situations in which the pedestrian could be considered liable for a crash.

The following are some examples of situations in which a pedestrian might be considered at least partially at fault for an accident involving an automobile:

• The pedestrian was crossing in the middle of the street (jaywalking), outside of a crosswalk.
• The pedestrian crossed the street at a crosswalk despite there being a “do not walk” sign.
• The pedestrian entered a highway or street while under the influence of drugs or alcohol.
• The pedestrian was walking along a bridge, highway or causeway where pedestrians are not allowed to be.

However, even when pedestrians have some level of responsibility for an accident, the driver will almost always share some of the fault, as well. Even when pedestrians are jaywalking, motorists are expected to always be cognizant of potential hazards in the road ahead of them. If there was a reasonable amount of distance between the car and the pedestrian, the driver of the car is still expected to be able to slow down or avoid the person on foot.

Of course, there are some situations in which avoiding a collision is impossible. For example, if a pedestrian jumps out from behind a parked car on the side of the street into the middle of traffic directly in front of a moving vehicle, the motorist is unlikely to share any fault for the ensuing accident.

For more information on determining liability related to pedestrian accidents, contact the experienced Bakersfield personal injury attorneys at Young Wooldridge, LLP.

Call today for a confidential consultation! 661.855.4886

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