Carlos Mendez Severely Injured in Hit-and-Run Bicycle Crash on Olive Hill Road in Fallbrook

Who Is At Fault In A Pedestrian Accident?

According to the National Highway Traffic Safety Administration, over 70,000 pedestrians were injured in accidents in 2015. From a legal standpoint, the old saying “the pedestrian has the right of way” is not always true. It’s ultimately an insurance adjuster or jurors who make the decision in a personal injury case. They look at the police report, applicable laws, and the stories of both the driver and pedestrian. But who is at fault in a pedestrian accident?


When The Driver Is At Fault

The pedestrian can recover compensation from the driver or their insurance carrier for the harm that was caused if the driver was clearly at fault for the accident.


When The Pedestrian Is At Fault

If the pedestrian is at fault for the accident, not only will they not be able to recover compensation for any injuries, but the driver may also be able to sue the pedestrian for compensation if they harmed the vehicle or driver.

Some common incidents when a pedestrian can be found at fault for a car accident:

Jaywalking or crossing outside of a crosswalk
Crossing against a traffic signal
Entering a street while intoxicated                                                                                                                   Walking along highways, roadways, or bridges where pedestrian access is prohibited


When Both The Driver And The Pedestrian Are At Fault

When both the driver and pedestrian are at fault in a pedestrian accident, comparative negligence comes into play. Comparative negligence means that the injured person shares some of the fault for causing or contributing to the accident.


If you or a loved one have been in a car accident, contact Jacoby & Meyers at (888) 522-6291. We have the legal expertise to help you get the compensation you deserve for your accident injury case. It’s crucial that you act quickly once you’ve been injured. Report any claims for accidents immediately, as limitations may lower or extinguish your claim.

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