Pedestrian Accident Law

Pedestrians are exposed to unique dangers. Without the protective barrier of a vehicle, they can suffer serious injuries when collisions occur. Statistics from safety agencies consistently show substantial pedestrian fatalities and injuries each year. These incidents often result from risky behaviors by drivers, such as distracted driving, speeding, or failing to yield.

Legal Claims After Pedestrian Accidents

An injured pedestrian can pursue compensation from a driver who hit them. They typically must prove that the driver was negligent. This means that their behavior fell below the level of care that a reasonable driver would uphold. If their negligence caused the pedestrian’s injury, the driver (or more often their insurer) may be required to pay damages, such as medical expenses, lost wages, and pain and suffering resulting from the incident.

Sometimes a pedestrian is injured in a hit and run. This occurs when a driver strikes a pedestrian and leaves the scene without rendering assistance or providing identification. If the driver cannot be located, an injured pedestrian who has auto insurance might be able to use their uninsured motorist coverage if their policy includes it.

Comparative and Contributory Negligence

In certain cases, a pedestrian may share responsibility for an accident. Insurance investigations sometimes examine whether the pedestrian was walking outside a marked crosswalk, ignoring traffic signals, or under the influence of intoxicants. These factors can diminish or eliminate recovery if the pedestrian’s actions contributed to the collision. However, in many instances, drivers are still found primarily at fault if they failed to exercise reasonable caution in areas where pedestrians are expected to be present.

States vary in how they handle situations in which more than one party is at fault. In pure comparative negligence jurisdictions, an injured pedestrian can recover some compensation no matter how much they were at fault. The total award is reduced according to the pedestrian’s degree of fault. Modified comparative negligence states generally bar recovery if the pedestrian bears at least 50 or 51 percent of the blame, depending on the specific threshold set by that state. In contributory negligence jurisdictions, any degree of fault could prevent recovery, although limited exceptions sometimes apply.

Wrongful Death Claims After Pedestrian Fatalities

When a pedestrian dies because of a driver’s negligence, surviving family members or the personal representative of the pedestrian’s estate may bring a wrongful death claim. Each state’s laws govern who may file such a claim, the types of damages that are available, and how the damages are distributed. Often, damages that may be recovered after a fatal accident include medical bills, funeral expenses, conscious pain and suffering before death, and the loss of the victim’s consortium, companionship, and support.

Last reviewed March 2025