When Can a Pedestrian Be at Fault for an Accident?

Pedestrian accidents bring to light the vulnerability of individuals on foot in relation to vehicles. It’s a common perception that pedestrians, by default, have the right of way. However, the reality of assigning fault in a car-pedestrian accident paints a more complex picture. Brassfield & Krueger, Ltd., with over 75 years of dedicated service in personal injury and auto accident cases, provides an insightful exploration into situations where a pedestrian might share fault in an accident, challenging the widespread belief of absolute pedestrian innocence.

Understanding Fault in Pedestrian Accidents

The determination of fault in pedestrian accidents is not as straightforward as it appears. Despite the general assumption favoring pedestrian rights, there exist scenarios where pedestrians may indeed share responsibility for an accident. The core principle guiding this adjudication is negligence – the failure to exercise a reasonable standard of care expected under specific circumstances.

Jaywalking and Negligence

One of the most cited examples of pedestrian fault involves jaywalking, where a pedestrian crosses the road unlawfully or without regard for approaching traffic. This act of negligence disregards the duty of care owed not only to themselves but also to vehicle operators, potentially creating hazardous conditions leading to accidents.

Duty of Care and Shared Fault

Both drivers and pedestrians are bound by a duty of care, an obligation to avoid actions or behaviors that could foreseeably cause harm to others. In Illinois, the concept of “modified comparative negligence” applies, which allows for fault to be divided among parties based on their respective contributions to the accident. If a pedestrian is found partly at fault, their eligibility for damages may be proportionately reduced.

Implications of Fault on Damages

The impact of shared fault extends into the realm of damages recoverable in the aftermath of an accident. Potential compensation for medical bills, lost income, pain and suffering, and other subjective losses may be significantly affected. The extent of a pedestrian’s fault directly correlates with the reduction in compensation they can claim, highlighting the importance of a thorough legal evaluation of the accident circumstances.

In situations where the pedestrian’s fault does not exceed a certain threshold, they may still pursue claims against the driver’s insurance or file a lawsuit for compensation. It’s important to discuss your case with an attorney to determine what damages you may be entitled to.

Talk to Our Legal Team

Pedestrian accidents can be complicated. While pedestrians are often perceived as the default victims in such accidents, instances of shared fault underscore the need for comprehensive legal assessment and guidance. For those navigating the aftermath of a pedestrian accident, understanding your rights and potential for recovery is paramount.

Brassfield & Krueger, Ltd., with our history of championing client rights in personal injury and auto accident cases, stands ready to provide dependable legal assistance. Our team is committed to advocating for your interests, ensuring that no stone is left unturned in our pursuit of justice on your behalf.

If you find yourself or a loved one involved in a pedestrian accident, we encourage you to reach out to us. With our attorney at your side, you can pursue the compensation you rightfully deserve.