Is The Driver Always At Fault In A Pedestrian Car Accident?

In a pedestrian car accident case, you may wonder whether it is ever possible for the pedestrian to be at fault or whether the driver is always to blame. In fact, there may be several situations in which the pedestrian is at fault for the car accident, so you shouldn't just assume liability will fall to one party or the other.

The Importance of Fault

The determination of car accident liability is very important in some states, called fault states or tort states. In such states, the driver who is liable or responsible for causing the accident can also be responsible for paying all damages. These damages may be paid out of court by his insurance company if the insurance company makes an offer and/or settles the case either before a lawsuit is filed or after a suit is filed but before it goes to trial. The at fault driver may also be sued (usually, his insurance company will pay legal bills and damages if this happens- up to the policy limits).

In other states, fault or liability is less important, depending on the accident. These states- called no fault states- restrict drivers to recovering damages for "non-serious" injuries from their own insurance companies under a form of coverage called personal injury protection (PIP). This means damages are generally limited to medical bills and lost wages, unless the victim can prove his injuries were serious enough to sue for.

Determining Liability

If you do live in a state where fault matters, or if you live in a no fault state but have suffered serious injuries, then you need to understand how fault will be determined. While it may seem logical to assume that the driver who was driving in a pedestrian car accident is always at fault, this isn't necessarily true. The driver who is at fault is the one who was negligent and who caused the accident. If the pedestrian did something negligent, careless or dangerous that led to the accident, he can be found at least partially- if not 100 percent- at fault. For example, if the pedestrian:

Ran out in front of the car
Was walking in the middle of the road in dark clothes late at night

then it may have been the pedestrian's actions that were negligent and that caused the accident, not the drivers.

Getting Help

If you have been involved in a pedestrian car accident, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can help you begin gathering the evidence you need to prove fault in the accident, and can also help you to make sure that you are protected under the law and able to recover any damages you deserve.

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