When Is a Pedestrian At Fault for a Car Accident?

Many people assume that when a pedestrian is struck by a vehicle, the driver is always to blame. But can a pedestrian be at fault for a car accident? Yes, under certain conditions, an injured pedestrian can be legally responsible for injuries to others in a car accident.

Can a Pedestrian Be At Fault for a Car Accident?

In the eyes of the law, pedestrians have rights and responsibilities just like vehicle drivers using public roads. Pedestrians must obey traffic rules. They have a responsibility to avoid behaviors that might cause an accident.

So, when is a pedestrian at fault in a car accident? Below are a few of the most common situations in which a pedestrian may be found at fault.

Jaywalking

Jaywalking occurs when a pedestrian crosses the street outside a marked crosswalk or against a traffic signal. If a pedestrian steps out into traffic in a place where drivers are not expecting someone to cross, the pedestrian may be held responsible for a resulting pedestrian-car accident and their own injuries.

Ignoring Traffic Signs

Pedestrians must obey traffic signals, including “Do Not Walk” signs. A person who steps into an intersection while a signal instructs them not to proceed may be found at fault if that action contributes to an accident.

Walking While Distracted

Distracted driving is one of the most common causes of car accidents involving pedestrians. Drivers aren’t the only road users who can create a dangerous situation by failing to remain alert and pay attention to traffic when crossing a road. A pedestrian using a cell phone might not notice an approaching vehicle or dangerous situation until it’s too late.

Entering Traffic Unexpectedly

Running out from between parked cars, stepping into oncoming traffic, or any other sudden, unexpected movement into the roadway can create an unavoidable hazard for drivers. A pedestrian may be liable for an accident if the pedestrian stepped off a curb unexpectedly and the driver of an oncoming vehicle didn’t have time to avoid a collision.

North Carolina’s Contributory Negligence Law

North Carolina law uses a contributory negligence rule when determining compensation after a car accident or pedestrian accident. Even if a pedestrian who was hit by a car is only 1 percent at fault for an accident, the pedestrian may lose their right to file a pedestrian accident claim and recover compensation for their medical bills and lost wages.

This rule applies equally to both the driver and the pedestrian. For example, let’s say a pedestrian suddenly runs into the road outside a crosswalk, causing a driver to swerve and hit another vehicle. The driver was speeding at the time and may be considered partially responsible as a result. Even though the at-fault pedestrian may have a greater share of fault based on their actions, the driver may be barred from recovering compensation at trial because the driver contributed to the accident by speeding.

Because of this complicated rule, it’s crucial to seek the help of an experienced pedestrian accident lawyer if you have been seriously injured in a motor vehicle accident in North Carolina. Insurance companies will often argue in pedestrian car accident cases that the injured individual shares some fault, so the insurer won’t have to pay any compensation. A skilled attorney can evaluate fault for the accident and gather evidence to build a case showing the at-fault party had legal liability and the at-fault driver’s insurance is financially responsible for medical expenses, lost wages, and other losses.

Proving Liability in a Collision Caused by a Pedestrian

You may have questions about what happens when a pedestrian is at fault for a car-pedestrian accident. A skilled injury attorney can build a case to prove the pedestrian caused the accident through the use of evidence such as the following.

Photos or Video Footage

Accident scene photos, surveillance cameras, traffic cameras, and dashcam footage can provide evidence of how an accident occurred. If an attorney can find video showing that the pedestrian stepped out into traffic against the red light, it can help prove the pedestrian’s fault.

Police Reports

Law enforcement officers who respond to an accident will document their findings in a crash report. These reports typically include whether any traffic laws were violated and list any traffic citations issued. A police report may also include statements from parties involved and witnesses demonstrating the pedestrian’s negligence.

Eyewitness Statements

Testimony from people who witnessed the accident can offer credible evidence. Witnesses may be able to describe whether a pedestrian appeared distracted, was jaywalking, or entered the roadway suddenly.

Expert Testimony

An experienced attorney may hire accident reconstruction professionals to analyze evidence and use it to establish how a crash occurred. The testimony these professionals provide can be crucial to establishing liability, particularly when fault is disputed.

When Is the Driver At Fault in a Pedestrian Accident?

Drivers often bear responsibility in traffic accidents involving pedestrians, due to their own negligent actions. Some examples of driver negligence include:

• Speeding
• Failure to yield
• Distracted driving
• Driving under the influence
• Disregarding school zones

How Our Car Accident Lawyers Can Help with Your Case

It can be challenging to pursue a personal injury claim, particularly while you are dealing with severe injuries. A skilled attorney can build your personal injury case and handle communications with insurance companies while you focus on your health and recovery. The legal team at Younce, Vtipil, Baznik & Banks, P.A. can help by:

• Offering Decades of Experience: Our attorneys have over 90 years of combined experience protecting the rights of injured North Carolina residents. Although each case is unique and past results cannot guarantee future outcomes, we’ve recovered millions in settlements and verdicts on behalf of our clients.
• Reviewing Your Case for Free: We offer a free case consultation. We’ll meet with you to review your accident and determine if you have a valid personal injury claim. If so, a knowledgeable attorney will advise you on your options for pursuing compensation.
• Investigating the Accident: Our personal injury law firm can investigate the accident, gather critical evidence, and determine who may be responsible for the crash and what fair compensation entails.
• Maintaining Frequent Communication: We will update you on the status of your case and answer any questions you may have. We have English and Spanish-speaking staff to assist you.
• Negotiating and Litigating: Our attorneys are prepared to advocate aggressively on your behalf. If the insurance companies refuse a fair settlement, we can file a lawsuit and fight for a favorable verdict in court.

As one satisfied client said of their experience with Younce, Vtipil, Baznik & Banks, P.A.:

Excellent communication and was very effective in analyzing the situation and working diligently to resolve the issues. I was very pleased with the professionalism and expertise of the staff and highly recommend them. – Theodocia Shabazz

If you’ve suffered injuries in a pedestrian accident caused by someone else’s negligence, you need a skilled car accident attorney to guide you through the claims process. The team at Younce, Vtipil, Baznik & Banks, P.A. is ready to fight for the compensation you deserve while you focus on recovery. Contact us or call 919-661-9000 today for your free consultation.