When is a Pedestrian at Fault for a Car Accident? 

Posted: November 17, 2021

Pedestrian Crossing SignPedestrians are vulnerable on our roadways. In New York, drivers have certain responsibilities to others on the road, including to always exercise caution around pedestrians and yield the right of way to pedestrians crossing a designated crosswalk.  

Even though drivers have this duty of care, pedestrians have certain duties and obligations as well.  

Pedestrians Who Break Traffic Laws 

Like drivers, pedestrians must follow certain vehicle and traffic laws on the roads. When a pedestrian fails to obey these laws and an accident occurs, he or she can be found partially at fault for the collision.  

Examples of such actions include: 

  • Disregarding traffic signals and signs (e.g., at intersections); 
  • Walking where pedestrians are not allowed (such as on a highway); 
  • Not checking for cars before crossing and/or jaywalking; and 
  • Failing to pay attention while walking (e.g., texting). 

If you are unsure whether or not the pedestrian bears some fault fault contact the pedestrian accident lawyers at William Mattar. We can investigate the circumstances and help you determine whether any traffic laws were broken.  

Can a Driver and Pedestrian Share Fault? 

Motorists have a responsibility to drive carefully around pedestrians and watch out for others on the road. While pedestrians can bear some responsibility, it is also possible for a driver and pedestrian to share fault for an accident.  

For example, suppose a person crosses a street without carefully looking for oncoming vehicles and an oncoming car strikes them. Negligence laws dictate that if the driver of the car was attentive, he or she would have likely stopped in time to avoid the collision. In other words, both the motorist and the pedestrian can share comparative fault. 

Can a Pedestrian Get Compensation if They Are at Fault for an Accident? 

New York has a ruled called “comparative fault” which says that even if an injured party contributed to an accident, he or she may still be able to recover damages. The amount of compensation that the injured party (such as a pedestrian) receives may, however, be reduced as a result of the culpability.  

If you’re an injured pedestrian, contact William Mattar law offices. Our experienced attorneys can assess your case and help you get the compensation you need after your accident. 

Contact a Pedestrian Accident Attorney Today 

If you have been hit and injured by a car, contact the pedestrian accident attorneys at William Mattar law offices. We know the laws that affect pedestrian accident cases and can work to get you the best possible recovery. To schedule a free initial consultation today, complete our online consultation form or call our offices at (844) 444-4444.  


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