Skip to main content
David A. DiBrigida

Who Is At Fault In A Pedestrian Accident?

March 27, 2024

Posted in Uncategorized

Going through the aftermath of a pedestrian accident can be a daunting experience. Often, determining who is at fault is critical to understanding the legal options available and the direction of any ensuing compensation claims. It’s vital to have a skilled pedestrian accident lawyer on your side. Below, our friends at Azari Law, LLC explore several scenarios that frequently occur in these incidents, helping to clarify responsibility and guide those involved on their next steps.

Drivers Ignoring Traffic Signals

One of the most common situations where a driver is clearly at fault occurs when traffic signals are ignored. Whether it’s running a red light or failing to yield at a pedestrian crossing, the law typically supports the pedestrian’s right of way. In these cases, video footage, eyewitness accounts, and police reports are invaluable in substantiating claims.

Pedestrians Jaywalking

Not all incidents are straightforward. There are instances where the pedestrian may be predominantly or entirely at fault. Jaywalking, or crossing the road outside of a designated crosswalk or against the traffic signal, can shift the responsibility to the pedestrian. In these cases, the driver might not be liable if they were following road rules and could not reasonably avoid the collision. A pedestrian accident attorney will know how to help with proving your case if the accident was not your fault.

Poor Road Conditions And Lack Of Signage

Sometimes, neither the driver nor the pedestrian is directly at fault. Poor road conditions, such as inadequate lighting, missing signs, or badly marked crosswalks, can lead to accidents. Here, the entity responsible for road maintenance, typically a local government or road agency, may be found negligent.

Vehicle Malfunctions

Fault can also lie with a vehicle’s malfunction, such as brake failure or a blown tire, which leads to loss of control and an ensuing accident. In such scenarios, the vehicle manufacturer or a service company could be liable if the malfunction stemmed from a product defect or poor maintenance. 

Multiple Parties Involved

Complex accidents involving multiple vehicles, cyclists, or additional pedestrians can lead to shared fault, where more than one party contributed to the accident. These cases require detailed investigation to accurately allocate responsibility among those involved.

Determining fault in pedestrian accidents requires a thorough investigation and often relies on expert testimony. As legal practitioners experienced in pedestrian accident cases, attorneys understand the nuances that each case presents and strive to ensure that justice is served, advocating for clients’ rights and rightful compensation.

Your Next Steps

If you or someone you know has been involved in a pedestrian accident, it’s crucial to consult with a pedestrian accident attorney who can navigate the complex dynamics of fault and compensation. Your legal team can provide the guidance you need. Contact a lawyer today to discuss your case and explore your legal options. Together, you can take the steps necessary to protect your rights and pursue the compensation you deserve.

It doesn’t matter how good an attorney is if they don’t pay close attention to the wants & needs of the client.

We want to make sure that each of our clients is as happy with the experience they have with our firm as they are with the ultimate result in his or her case.

Contact Us Today!

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.