Liability in a pedestrian accident depends on who acted negligently under the circumstances. While drivers are often responsible for failing to yield, speed, or pay attention, pedestrians can also share fault if they ignore traffic signals or step into traffic unexpectedly. Insurance coverage and state law determine how damages are paid and whether compensation is reduced based on shared fault. Evidence such as crash reports, video footage, and witness statements is critical to determining who is legally responsible.

Key Takeaways

• Drivers are not automatically at fault in every pedestrian accident
• Pedestrians also have a duty to use reasonable care
• Insurance coverage depends on whether the state is fault-based or no-fault
• Compensation can be reduced if a pedestrian shares responsibility
• Legal representation helps protect injured pedestrians from insurance tactics

How Pedestrian Accidents Happen

Pedestrian crashes often occur in places where people and vehicles share space, such as crosswalks, intersections, parking lots, and residential streets. These accidents frequently involve distractions, misjudgment of speed, or failure to obey traffic signals.

Because pedestrians have no physical protection, even low-speed collisions can cause serious injury. Understanding how these accidents occur helps determine whether a driver, pedestrian, or third party created the dangerous situation.

When a Driver Is Legally Responsible

Drivers have a duty to operate their vehicles safely and to watch for people in or near the roadway. A driver may be held liable when their actions violate traffic laws or create unreasonable risk.

Common driver-related causes include:

• Speeding or reckless driving
• Texting or distracted driving
• Failing to yield at crosswalks
• Running red lights or stop signs
• Driving under the influence
• Ignoring poor weather or visibility

When a driver breaches this duty and hits a pedestrian, they can be held financially responsible for the injuries and losses that result.

When a Pedestrian May Share Fault

Pedestrians also must follow traffic rules and use reasonable care for their own safety. In some cases, a pedestrian’s actions may contribute to the accident.

Pedestrians may share fault when they:

• Cross outside of crosswalks
• Ignore traffic signals
• Walk into moving traffic
• Are distracted by phones or headphones
• Are impaired by alcohol or drugs

Most states use comparative negligence rules, which means a pedestrian can still recover compensation even if they were partly at fault, though the amount may be reduced.

How Insurance Applies to Pedestrian Accidents

Insurance coverage depends on the state where the accident happened and the policies involved.

In many states:

• The driver’s liability insurance pays for the pedestrian’s injuries
• If the driver is uninsured, the pedestrian’s UM/UIM coverage may apply

In no-fault states:

• The pedestrian’s own Personal Injury Protection (PIP) may cover medical bills first
• Serious injuries allow claims against the at-fault driver

Because multiple insurance policies may apply, knowing which coverage is available can significantly affect how much compensation is recovered. This is also affected by who is deemed at fault for the accident, which is why having an attorney matters.

Fair Compensation for Pedestrian Accident Injuries

Pedestrian injuries are often severe and life-altering. Fair compensation is meant to cover both the immediate and long-term impact of the accident.

A settlement may include:

• Emergency care and hospital treatment
• Physical therapy and rehabilitation
• Lost wages and reduced earning ability
• Pain and suffering
• Emotional distress
• Scarring or permanent disability
• Transportation and home-care needs

Insurance companies frequently try to minimize payouts, especially when fault is disputed. An experienced attorney helps ensure that all damages are properly valued and pursued.

Can You Be Sued for Almost Hitting a Pedestrian?

Yes. Physical contact is not always required for liability. If a driver’s actions force a pedestrian to jump, fall, or otherwise suffer injury, the driver may still be responsible.

Examples include:

• A car swerves and causes a pedestrian to fall
• A driver runs a light and forces someone to jump back
• A vehicle causes a chain-reaction injury

These cases rely heavily on witness statements, video footage, and medical documentation to show causation.

What to Do After a Pedestrian Accident

The steps taken after a crash can strongly affect both medical recovery and legal rights.

You should:

• Call 911 and seek medical care
• Document the scene and injuries
• Get driver and witness information
• Preserve medical records and bills
• Avoid discussing fault with insurers
• Contact a pedestrian accident attorney

Early legal help protects your claim and prevents insurance companies from taking advantage of you.

State Law Differences That Matter

Auto accident laws are not the same in every state, and those differences can significantly affect how pedestrian injury claims are handled. Understanding how Texas and Florida approach fault, insurance, and legal rights helps injured pedestrians know what compensation may be available and how to pursue it:

Texas

Texas follows a modified comparative fault rule. Pedestrians can recover compensation as long as they are not more than 50% responsible.

Florida

Florida uses a no-fault system that requires pedestrians to use PIP first, but serious injuries allow lawsuits against negligent drivers.
Each state’s laws affect deadlines, insurance coverage, and how fault is applied.

How RTRLAW Helps Injured Pedestrians

Pedestrian accident cases are complex and often aggressively defended by insurance companies. RTRLAW helps by investigating fault, securing evidence, identifying all insurance coverage, and fighting for full compensation.

If you or a loved one was hit by a car, you don’t have to face the process alone. Contact RTRLAW today for a free case review and learn how we can protect your rights.