When a conversation about car accidents involving pedestrians occurs, the natural assumption in most people’s minds is that the driver at issue must be at fault. However, while drivers are indeed required to exercise caution, pedestrians also have legal responsibilities.
A pedestrian can, in certain situations, be held liable for an accident if their actions directly cause or contribute to it.
Determining liability in court
In California, car accidents are resolved based on the legal principle of pure comparative negligence. This means that both parties involved—drivers and pedestrians—can share fault. Courts evaluate the actions of both parties to determine who was primarily responsible and assign percentages of liability accordingly. For example, if a pedestrian is found to be 60% at fault for crossing illegally and a driver is 40% at fault for speeding, the pedestrian could be held liable for a portion of the damages.
Legal responsibilities of pedestrians
While drivers must remain vigilant and yield to pedestrians in designated areas like crosswalks, pedestrians are expected to act reasonably by:
- Following traffic signals
- Using marked crossings
- Avoiding sudden or unpredictable behavior
When pedestrians ignore these rules, they risk their safety and could be held accountable if an accident occurs. Pedestrians can be held liable for a car accident for:
- Jaywalking — crossing the road where it is prohibited or outside of a crosswalk
- Running across the street against a red light
- Walking into traffic without looking
- Being distracted by a phone
If a pedestrian crosses in the middle of a street where there is no designated crosswalk, drivers might not anticipate their presence. If the pedestrian causes a driver to swerve or brake abruptly, leading to an accident with another vehicle, the pedestrian could be held liable.
Pedestrians are required to follow traffic lights and walk signals just like drivers. If a pedestrian crosses against a signal and causes a collision or forces a driver to take evasive action, the court may assign liability to the pedestrian.
While drivers often bear the burden of responsibility in car accidents, pedestrians are not exempt from liability. In situations where pedestrians are partially at fault for an accident, they can benefit from legal guidance to determine by percentage their compensation could be reduced by virtue of their comparative fault. Similarly, those who are injured as a result of a pedestrian’s negligence can benefit from seeking legal guidance as well.
