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Who is Usually at Fault in a Pedestrian vs Car Accident, the Driver or the Pedestrian?

Young woman crossing a zebra crossing | Who is Usually at Fault in a Pedestrian vs Car Accident?

When most people hear a story about a pedestrian vs car accident, the first thought they have is to blame the pedestrian. They may automatically assume the pedestrian was jaywalking, not paying attention, or was somehow else at fault. And if you pay attention to only certain studies, you may be led to think the same thing.

One such study, conducted by the Center for Problem-Oriented Policing, cites unsafe pedestrian behavior as the major cause of pedestrian injuries and deaths. In this study, 7,000 pedestrian-vehicle accidents in Florida were evaluated. The researchers determined that in 80 percent of these incidents, pedestrians were at fault.

A similar study in the U.K. attributed 90 percent of pedestrian-vehicle accidents to irresponsible pedestrian behavior.

The truth is, the majority of pedestrian-vehicle accidents go unreported by the victims, and that these incidents are usually caused by driver error. Aggressive driving or driver confusion, inattentiveness, or negligence are often causes of these potentially catastrophic accidents.

Driver inattentiveness caused by cell phone use and other in-car distractions, such as eating, adjusting the radio or GPS, or personal grooming is one of the most common causes of pedestrian-vehicle accidents.

Distracted driving is followed closely by aggressive driving. Aggressive driving is a significant issue in busy cities where motorists are more likely to display fits of road rage, drive at unsafe speeds, violate traffic signals, and otherwise fail to yield to pedestrian right of way.

Even when drivers are performing perfectly legal maneuvers, accidents can happen. According to the Municipal Transportation Agency, some of the most common driving maneuvers that precede a pedestrian-vehicle accident, include making right turns, making left turns, backing up, and making U-turns.

Further Reading: Read About Keith Fuicelli’s Own Pedestrian Accident, and Find Out What Inspired Him to Help Others

Anytime a pedestrian decides to walk down a busy street, they are putting themselves in danger of being struck by a car and injured- or worse.  Staying on the sidewalk and crossing streets under the protection of signals doesn’t even guarantee pedestrian safety.

Other ways pedestrians can bolster their chances of staying safe, include wearing bright or reflective clothing, not darting out in front of traffic or disrupting the normal flow of traffic, and using designated crosswalks when available.

It is the duty of pedestrians to be alert to the possibility of these dangers and follow safety laws to help keep themselves safe. When pedestrians fail to do so by disregarding “Do Not Walk” signals or failing to use designated crosswalks, then it is possible they could be held responsible for their own injuries.

However, when a distracted driver or reckless driver is to blame – it is important that they be held accountable for the pedestrian’s injuries and for damages they have caused. Unfortunately, pedestrians may face an uphill battle when seeking justice. Insurance companies will look to pin some, if not all, of the blame on the pedestrian. They may claim you walked out in traffic or that you were not crossing at a designated crosswalk. As such, you need an experienced and skilled pedestrian accident attorney on your side from the very start. Our Denver pedestrian accident attorneys know the complications that arise after this kind of accident and we work tirelessly to ensure that you receive all of the compensation to which you are entitled.

Contact Our Denver Car Accident Attorneys

If you or someone you love has been injured in a car accident in Denver, Aurora, Longmont, or anywhere in the state of Colorado, we can help. Contact our office immediately to begin building a solid case that is designed to achieve maximum compensation. Contact the law firm of Fuicelli & Lee, PC, for a free case evaluation. You pay nothing unless you receive a financial settlement or award. Call our office at 303-355-7202 or fill out our confidential contact form.

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