Pedestrian Accidents: 4 Surprising Facts You Should Know

Pedestrian accidents are unfortunately very common in the United States, and in 2017 alone, 5,977 pedestrians were killed and an additional 137,000 were injured in pedestrian-vehicle accidents. For this reason, people should learn their local pedestrian accident laws and understand what to do if and when they are ever injured by a moving vehicle.

Learn four surprising facts about pedestrian accidents that people should know. 

1. The Vehicle Driver Is Not Always at Fault

Many people believe the common misconception that the pedestrian always has the right-of-way when on the road and that if they are hit by a vehicle driver, then the vehicle driver is automatically to blame. However, pedestrians can be determined wholly or partially at-fault if they were not following local pedestrian laws or ordinances when the auto accident occurred. 

Typically, if a pedestrian is crossing the road at a crosswalk when a vehicle hits them, the vehicle driver is at-fault for the accident. However, if the pedestrian is instead jaywalking, walking on the road instead of the sidewalk, or violating any other city pedestrian law, then the pedestrian could be solely or partially at-fault for the incident.

Most states use a comparative negligence system when determining who is at fault for an injury. In a state that uses this system, a judge can split automobile accident liability between the two parties involved in the accident and award monetary compensation based on this split.

For example, a judge can determine that an automobile driver is 80 percent at-fault for a pedestrian accident, while the pedestrian is 20 percent at-fault. This split would allow the pedestrian plaintiff to obtain 80 percent of the compensation they would be awarded if they were not determined at-fault for the accident at all. 

Contributory negligence usually does not allow a personal injury complainant to receive monetary compensation if they performed any actions that contributed to their injury.

2. The City Could Also Be Liable for Your Injuries

In certain circumstances, the city itself can be at-fault for injuries you sustain in a pedestrian accident. If a broken traffic light, missing stop sign, or ill-placed crosswalk likely contributed to the pedestrian accident, then the city may be partially or fully to blame for the accident. 

The government has a responsibility to keep roads safe for drivers and pedestrians alike. A person injured in a pedestrian accident that could have been avoided if the city had not neglected their duty can seek compensation for their injuries from the city.

Your attorney can help you determine whether you have grounds to file a personal injury claim against the city.

3. A Driver Does Not Have to Hit You to Be Liable for Your Injuries

Most people understand that they have a personal injury claim against a driver whose vehicle collides into them and causes serious injury. However, many people do not realize that they may also have a personal injury claim against a driver if their vehicle does not hit them, but instead the pedestrian sustains serious injury while trying to avoid being struck.

In this instance, the driver's recklessness or disregard for the rules of the road still led to the injury, whether the vehicle struck a pedestrian or not.

For example, if you cross a road at a crosswalk and you then injure yourself in an attempt to avoid collision with a vehicle running a red light, the driver is likely at-fault for the pedestrian accident. You can often file a claim against them to obtain compensation for your injuries. 

4. Intoxicated Pedestrians Are Not Automatically At-fault 

An average of one-third of all fatal pedestrian crashes involve a pedestrian with a blood alcohol concentration (BAC) of .08% g/dL or higher. Also, many more intoxicated pedestrians are seriously injured when struck by vehicles every year.

Many intoxicated pedestrians involved in pedestrian collisions never seek damages from the vehicle driver that collided into them. This is usually due to the belief that their intoxication during the collision automatically makes them at-fault for the accident.

However, if you live in a comparative negligence state, your intoxication may only make you partially at-fault for the vehicle collision — especially if you were following all pedestrian laws when you were struck by the vehicle. In fact, if the vehicle driver recklessly sped, ran a red light, or was also intoxicated when they struck you, the driver may be determined to be more to blame for the accident than you were.

Pedestrian accidents are, unfortunately, quite common. Everyone should understand pedestrian accident laws, including these five surprising facts, and forget misconceptions they may have.

Contact the experienced personal injury attorneys at Higinbotham & Higinbotham, PLLC, for help with your pedestrian accident personal injury claim today. We look forward to meeting with and assisting you during this often stressful and emotional time.