{"id":353098,"date":"2016-04-04T10:46:36","date_gmt":"2016-04-04T15:46:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/pedestrian-accidents.html"},"modified":"2024-08-19T15:15:23","modified_gmt":"2024-08-19T20:15:23","slug":"pedestrian-accidents","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/pedestrian-accidents.html","title":{"rendered":"Pedestrian Accident Law"},"content":{"rendered":"\n
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Pedestrian Accident Law<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Pedestrians are at the mercy of motorists. Those traveling by foot have very little control other than making sure they use a crosswalk. This is why motorists are required to yield to people crossing the street. As with any other traffic accident, liability for pedestrian accidents is based on negligence. Although motorists tend to take the blame for many pedestrian accidents, there are times when the person on foot is partially liable.<\/p>\r\n

Injured pedestrians can be liable under a doctrine called\u00a0contributory negligence<\/a>. This doctrine will be discussed in more detail below. You will also find information on why children are especially vulnerable when it comes to pedestrian accidents.<\/p>\r\n

Motor Vehicle Accidents Involving Pedestrians<\/h2>\r\n

Regardless of the situation, drivers are expected to exercise\u00a0reasonable care<\/a>\u00a0while behind the wheel. If they fail to do this, they put other motorists and pedestrians at risk. If you are hit by a motor vehicle, you may have a potential claim for damages. What your accident attorney will have to prove is that the person who hit you was, in fact, negligent.<\/p>\r\n

A driver could be found negligent if they violated a local traffic law. They can also be liable if they drive while distracted, intoxicated, or overly tired. Every case is different. What your pedestrian accident lawyer needs to demonstrate is that the driver did not behave the way a reasonable person would have given the circumstances.<\/p>\r\n

Pedestrians Can Be Found Negligent<\/h2>\r\n

It may be tough to imagine a pedestrian being at fault for their accident. But that does not mean you cannot be held partially liable for your injuries. Pedestrians must also exercise reasonable care. They have a duty to use common sense and to protect their own safety as best they can.<\/p>\r\n

Failure to exercise reasonable care might cause the court to find the victim partially responsible for their injuries. If this happens, there is a strong likelihood your accident claim will be reduced.<\/p>\r\n

There are a variety of reasons a pedestrian can be found partially at fault:<\/p>\r\n