Top Causes Of Pedestrian Accidents And Who Is Legally Responsible
Pedestrian accidents are a growing concern in cities and suburbs alike. Every year, thousands of people are injured or killed while simply walking across the street or along the sidewalk. These accidents are often sudden, traumatic, and life-changing. While drivers are frequently to blame, determining who is legally responsible can be complex. Understanding the most common causes of pedestrian accidents helps shed light on liability and how victims can pursue compensation.
Top Causes Of Pedestrian Accidents
1. Distracted Driving
One of the leading causes of pedestrian accidents is distracted driving. Drivers who are texting, talking on the phone, adjusting the radio, or using in-car technology often fail to notice pedestrians crossing the road. A moment of inattention can result in devastating consequences.
2. Speeding
Excessive speed reduces a driver’s ability to stop in time to avoid hitting a pedestrian. In urban areas with heavy foot traffic, drivers are expected to slow down. When they don’t, the results can be deadly — especially if the pedestrian is hit at high impact.
3. Failure To Yield At Crosswalks
As our friends at Law Firm of Edward Blinder, PLLCcan attest, drivers are required by law to yield the right-of-way to pedestrians in marked or unmarked crosswalks. Unfortunately, many motorists either ignore or misunderstand these laws, causing serious accidents at intersections and pedestrian crossings.
4. Driving Under The Influence
Alcohol and drugs impair judgment, coordination, and reaction time. Intoxicated drivers are far more likely to hit a pedestrian because they fail to recognize or respond appropriately to people on or near the road.
5. Poor Visibility Or Weather Conditions
Nighttime driving, heavy rain, or fog can reduce visibility. While weather may contribute to the accident, drivers are still responsible for adjusting their speed and being cautious in low-visibility conditions.
Who Is Legally Responsible?
Driver Responsibility
In most pedestrian accidents, the driver is at fault — especially if they violated traffic laws or were negligent. When a driver fails to yield, speeds, or drives distracted or impaired, they can be held legally and financially responsible for the pedestrian’s injuries.
Pedestrian Responsibility
While pedestrians generally have the right of way, they also have a duty to act safely. A pedestrian who darts into traffic outside of a crosswalk, crosses against a signal, or is intoxicated may share some responsibility. In many states, the legal doctrine of comparative negligence allows injury victims to recover damages even if they were partially at fault — but their compensation may be reduced accordingly.
Third-Party Liability
In some cases, third parties such as government agencies or property owners may share liability. For instance, if a traffic light was malfunctioning or a sidewalk was poorly designed, a municipality or contractor might be held responsible.
Pedestrian accidents are often caused by preventable behavior like distracted driving, speeding, or failing to yield. Determining who is legally responsible requires a careful review of the facts, traffic laws, and evidence.
If you or a loved one has been injured in a pedestrian accident, it’s essential to consult with an experienced pedestrian accident lawyer. They can help determine fault, protect your rights, and fight for the compensation you deserve.
