How Fault is Determined in a Pedestrian Accident

Over 6,000 pedestrians were killed in 2018, according to the Governors Highway Safety Association. Pedestrian fatalities have increased 41 percent since 2008 and now account for 16 percent of traffic fatalities. Everyone has heard the old adage, “the pedestrian has the right-of-way,” but, from a legal standpoint, that is not always correct. In an accident involving a pedestrian and a vehicle, a pedestrian can actually be at fault, in whole or in part.   The Fault of the Driver A driver is “at-fault” or negligent if their conduct deviates from that of a reasonably prudent driver under the circumstances. In addition, a plaintiff must also prove that the driver’s negligence was the actual and proximate cause of their damages.  If a