Who’s at Fault in a Pedestrian Accident? It’s Not Always the Driver
A pedestrian accident can have devastating consequences, not just for the injured party but for everyone involved. Most people instinctively assume that when a pedestrian is struck by a vehicle, the driver is automatically at fault. However, this isn’t always the case.
The fault may lie with the pedestrian themselves or other contributing circumstances. Alpha Omega Law Firm, LLC has extensive experience handling auto accident cases in Chadds Ford, Pennsylvania, where they work to uncover all the facts to determine who is truly responsible.
Driver Responsibilities in Pedestrian Accidents
While pedestrians have their own set of rules to follow, drivers are also responsible for operating their vehicles safely. Drivers must always be aware of pedestrians, especially in areas where foot traffic is expected, such as near crosswalks, schools, and busy urban areas.
Driver responsibilities include:
Yielding the right of way to pedestrians in crosswalks: Drivers must stop and give way to pedestrians crossing the road at marked crosswalks.
Adhering to speed limits: Driving too fast reduces a driver's ability to stop in time to avoid an accident, especially in areas with heavy pedestrian activity.
Being cautious when turning: Drivers must always check for pedestrians when making turns, even when the light is green.
Driving sober and undistracted: Impairment from alcohol, drugs, or even texting while driving significantly increases the likelihood of an accident.
Even if a pedestrian isn’t obeying traffic laws, a driver may still be at fault if they were speeding, distracted, or negligent in any other way. In such cases, the pedestrian’s actions may only reduce the driver’s liability rather than completely absolve them.
Pedestrian Rights and Responsibilities
When evaluating a pedestrian accident, it is essential to first recognize the rights and responsibilities of pedestrians themselves. In Pennsylvania, as in other states, pedestrians have the right of way in crosswalks.
However, they also have a responsibility to follow traffic laws, including using designated crosswalks and waiting for the appropriate signals when crossing at traffic lights.
Pedestrian responsibilities include:
Obeying traffic signals: Pedestrians shouldn’t cross at a red light or against a "Don't Walk" signal.
Crossing at designated points: Pedestrians should cross the street at crosswalks or intersections unless it is unsafe to do so.
Not jaywalking: Crossing the street outside of crosswalks or between intersections can make pedestrians more difficult for drivers to spot.
Walking on sidewalks: Whenever possible, pedestrians should use sidewalks instead of walking on the road.
If a pedestrian violates any of these basic rules, they may be partially or fully at fault for the accident. In such cases, the driver's fault can be lessened or even negated, depending on the situation.
Contributory Fault and How Shared Responsibility Works
In many pedestrian accidents, both the pedestrian and the driver may share responsibility. This is known as contributory fault, and it can complicate liability determination. Pennsylvania follows a comparative negligence rule, which means that each party's degree of fault is assessed, and the final damages are adjusted accordingly.
For example, if a pedestrian crosses the street outside of a crosswalk and the driver is speeding, both parties could be found partially at fault. In this case, the pedestrian's compensation for injuries would be reduced by their percentage of fault, and the driver could still be held liable for the rest of the damages.
Key factors in determining contributory fault:
Pedestrian actions: Whether the pedestrian was jaywalking, crossing against a red light, or engaging in other risky behavior.
Driver actions: Whether the driver was speeding, distracted, or failed to yield the right of way to a pedestrian in a crosswalk.
Witness testimony: Eyewitnesses can offer valuable information regarding the events leading up to the accident.
Traffic camera footage: In some cases, video footage from traffic cameras or surveillance cameras may clarify how the accident occurred.
In cases of contributory fault, both parties must be aware of the degree of their responsibility, as this can directly affect the settlement or court decision in the case.
Pedestrian Accidents and Defective Road Conditions
While most pedestrian accidents involve a driver and a pedestrian, other factors can contribute to the incident. Poorly maintained or defective road conditions can be a major factor in pedestrian accidents, and in such cases, the fault may lie with the local government or a private property owner. Some examples include:
Cracked or uneven sidewalks: A person could trip and fall, leading to injuries, especially if the sidewalk is improperly maintained.
Inadequate lighting: Pedestrians may be difficult for drivers to see at night if streetlights are broken or insufficient.
Lack of crosswalks or pedestrian signals: In areas with high foot traffic, the absence of proper pedestrian infrastructure can increase the likelihood of accidents.
Obstructions on the sidewalk: Items such as construction equipment, dumpsters, or improperly parked vehicles can force pedestrians to walk in the street, making them more vulnerable to accidents.
If these hazardous conditions contributed to the accident, the municipality, property owner, or construction company responsible for maintaining the area could be held liable for the injuries sustained.
Distracted Pedestrians and Their Part in Accidents
In today's digital society, distracted walking has become a serious issue. Many pedestrians are guilty of texting, talking on the phone, or listening to music while walking, which can prevent them from noticing important traffic signals or vehicles approaching.
Common distractions for pedestrians include:
Smartphones: Checking messages or social media while walking can prevent a pedestrian from seeing an oncoming car or stepping into a crosswalk at the wrong time.
Headphones: Pedestrians may not hear the sounds of traffic, including horns or the revving of an engine, which could alert them to an approaching vehicle.
Engaging in conversation: Being distracted by a conversation, whether on the phone or with others, can take a pedestrian's attention away from traffic conditions.
While pedestrians should be responsible for staying alert to their surroundings, the driver still needs to exercise caution. However, if a pedestrian is distracted to the point where they make an unsafe decision, they could be partially or fully liable for the accident, depending on the circumstances.
Road Design and Pedestrian Safety
In some cases, the fault for a pedestrian accident may lie in the design of the road itself. If a road is poorly designed for pedestrian safety, such as lacking sidewalks or crosswalks, the responsibility for the accident may shift toward the city or state.
Examples of road design issues that can contribute to pedestrian accidents include:
Lack of pedestrian-friendly infrastructure: Roads without designated crosswalks, wide shoulders, or pedestrian signals increase the likelihood of accidents.
Inadequate signage: In areas with high foot traffic, a lack of proper signage warning drivers about pedestrians can be a major contributing factor to accidents.
Speed limits are too high for pedestrian areas: Some roads may have speed limits that are too high for areas where pedestrians are likely to cross.
If any of these factors contribute to a pedestrian accident, the municipality or relevant governmental entity may be liable for failing to provide a safe environment for pedestrians.
Contact Your Lawyer Today
If you or a loved one has been involved in a pedestrian accident, it’s important to have an experienced attorney who can help you determine liability. Alpha Omega Law Firm, LLC in Chadds Ford, Pennsylvania, is here to assist you with your case. They serve clients throughout Pennsylvania, including Chadds Ford. Reach out today for a consultation to discuss your pedestrian accident case.
