Pedestrian accidents are becoming increasingly common in cities and suburban areas, with more people choosing to walk, bike, or use electric scooters for transportation. Unfortunately, when a pedestrian is struck by a car, bicycle, or scooter, the injuries can be severe and life-altering. Understanding liability and legal options is crucial for victims seeking compensation for their medical bills, lost wages, and pain and suffering.
Determining Liability in a Pedestrian Accident
Liability in pedestrian accidents depends on the circumstances of the collision and whether negligence was involved. Several parties may be held responsible, including drivers, pedestrians, cyclists, and even government entities responsible for maintaining road safety.
1. Driver Negligence
In many pedestrian accidents, the driver of a motor vehicle is at fault. Common forms of driver negligence include:
- Distracted driving (texting, using GPS, or talking on the phone)
- Speeding or reckless driving
- Failure to yield at crosswalks or intersections
- Running red lights or stop signs
- Driving under the influence of drugs or alcohol
If a driver’s negligence led to a pedestrian’s injury, the driver (or their insurance company) may be held liable for damages.
2. Pedestrian Negligence: The Role of Jaywalking
Pedestrians also have a responsibility to follow traffic laws. If a pedestrian was jaywalking (crossing outside of a designated crosswalk or against a traffic signal), they could be partially liable for the accident. However, even in cases where the pedestrian was partially at fault, they may still be eligible for compensation under comparative negligence laws—which allow victims to recover damages based on the percentage of fault assigned to each party.
3. Cyclist and Electric Scooter Liability
Bicycles and electric scooters must follow traffic laws just like motor vehicles. If a cyclist or scooter rider collides with a pedestrian due to reckless behavior—such as riding on sidewalks where prohibited, running a stop sign, or failing to yield—they can be held responsible for the pedestrian’s injuries.
4. Government and Third-Party Liability
In some cases, poor road conditions, faulty traffic signals, or a lack of proper signage may contribute to an accident. If a pedestrian accident occurs due to unsafe infrastructure, the city or municipality responsible for road maintenance may be liable. Additionally, if a vehicle or scooter malfunctions due to a manufacturer defect, the company that produced the defective product could be held responsible.
How Pedestrians Can Seek Compensation
After a pedestrian accident, victims have several legal options for seeking compensation:
1. Filing an Insurance Claim
- Driver’s Insurance: If a driver is at fault, the pedestrian can file a claim with the driver’s auto insurance for medical expenses, lost wages, and other damages.
- Personal Injury Protection (PIP): In some states with no-fault insurance laws, pedestrians may be able to recover compensation from their own insurance, even if they were not driving.
- Cyclist/Scooter Rider Insurance: Some cyclists and scooter riders may have liability coverage through homeowner’s or renter’s insurance.
2. Personal Injury Lawsuit
If insurance does not fully cover the damages, the pedestrian may file a personal injury lawsuit against the at-fault party. A successful lawsuit could recover compensation for:
- Medical expenses (hospital stays, rehabilitation, physical therapy)
- Lost income due to missed work
- Pain and suffering
- Emotional distress
3. Comparative Negligence and Partial Compensation
If the pedestrian is found partially at fault for the accident (such as jaywalking), they may still be eligible for compensation under comparative negligence laws. In states that follow pure comparative negligence, a pedestrian can recover damages even if they were 99% at fault, though the compensation is reduced based on their percentage of fault. In modified comparative negligence states, the pedestrian may be barred from recovery if they are found to be more than 50% at fault.
4. Seeking Legal Representation
Pedestrian accident cases can be complex, especially when insurance companies try to minimize payouts or shift blame onto the victim. An experienced personal injury attorney can help:
- Gather evidence (surveillance footage, witness statements, accident reports)
- Negotiate with insurance companies
- File a lawsuit if necessary to secure fair compensation
Conclusion
Pedestrian accidents can result in serious injuries and long-term consequences, making it crucial for victims to understand their legal rights. Liability depends on multiple factors, including driver negligence, pedestrian behavior, and road conditions. Even if a pedestrian was partially at fault, they may still be entitled to compensation through comparative negligence laws.
If you or a loved one has been injured in a pedestrian accident, seeking legal guidance can help ensure fair compensation and financial security for the future.
