Who is Liable When a Car Hits a Pedestrian?

Pedestrian accidents can lead to severe injuries, major medical expenses, and long-term life changes. When a collision occurs between a vehicle and a pedestrian, liability centers on which party acted negligently and failed to exercise reasonable care under specific circumstances. Fault is not automatically assigned to the driver; instead, it is determined by evidence showing which party breached their legal duty.

Understanding Pedestrian Accidents

A pedestrian accident is any incident where a vehicle strikes a person walking, typically resulting in serious harm. These events may occur at crosswalks, intersections, or even outside designated crossing areas, and sometimes involve distracted driving or risky pedestrian behavior. In states with no-fault insurance, the vehicle’s insurer usually pays the pedestrian’s medical bills, regardless of fault. However, if the pedestrian is found partially at fault, their compensation may be reduced according to comparative negligence rules. An attorney’s help is essential to navigate liability and seek fair compensation.

Causes of Pedestrian Accidents

Accidents may result from:

  • Driver negligence—speeding, distraction (e.g., texting), failure to yield, or alcohol impairment.
  • Pedestrian negligence—crossing against signals, stepping into traffic without warning, or ignoring designated crosswalks.
  • Poor road conditions or visibility may also play a role.

Police reports, witness interviews, and surveillance footage help clarify events and assign fault.

When Is the Driver Liable?

Drivers are required to operate vehicles safely, remain vigilant, and yield to pedestrians in crosswalks. A driver may be found negligent if they:

  • Text or use a phone while driving
  • Speed or drive aggressively
  • Fail to yield in crosswalks
  • Disregard traffic signals
  • Drive under the influence
  • Ignore hazardous conditions

If a driver violates safety obligations and injures a pedestrian, they may be fully liable for resulting damages.

Can a Pedestrian Be at Fault?

Pedestrians must also exercise reasonable care. They may share or bear full responsibility if they:

  • Jaywalk or cross outside designated areas
  • Ignore crossing signals
  • Enter traffic suddenly, or while impaired
  • Fail to remain alert

Under comparative negligence, both parties can share fault, which reduces compensation proportionally. In some states, if a pedestrian is more than 50% at fault, they may be barred from recovery; in contributory negligence states, any fault can preclude compensation entirely.

Does Insurance Cover Hitting a Pedestrian?

Auto insurance typically covers pedestrian accidents, though specifics depend on the location and policies:

Insurance companies often dispute fault or minimize payments, so legal representation is key.

Can You Be Sued for Almost Hitting a Pedestrian?

Drivers can face legal claims even without physical contact if their actions cause injury. For example:

  • Aggressive driving forces a pedestrian to jump away and suffer injury
  • Chain-reaction crashes harm nearby pedestrians
  • Driver conduct creates foreseeable risk

Substantial evidence—witness statements, dashcam, and medical records—is needed for these cases.

What Should You Do After a Pedestrian Accident?

If you’re involved in a pedestrian accident:

  • Call 911 and seek medical attention immediately.
  • Document injuries, vehicle damage, road conditions, and traffic signals.
  • Collect information from witnesses.
  • Keep records of medical bills and lost wages.
  • Avoid admitting fault; share only factual details.
  • Contact a pedestrian accident attorney for legal advice and claim assistance.

An attorney can protect your rights, handle insurance negotiations, and pursue fair compensation.

Let Us Help You With Pedestrian Accident Claims

Pedestrian accident victims deserve justice and compensation. Sometimes, city or municipal entities may be partially liable for unsafe infrastructure. A skilled legal team will investigate, determine fault, negotiate with insurers, and ensure all medical costs, lost wages, and damages are covered. Prompt legal action is essential—contact a lawyer for a free consultation and protect your right to recovery.