No, it is not always 100% the driver’s fault if they hit a pedestrian. While drivers generally have a high duty of care, pedestrians are also expected to follow traffic laws. If a pedestrian was crossing legally in a crosswalk, the driver is almost certainly liable. However, in situations where a pedestrian violated traffic laws (e.g., crossing against a “Do Not Walk” signal), the pedestrian may be found to share some fault. An attorney is needed to analyze the specific facts and applicable negligence laws in your jurisdiction.

A pedestrian is considered at fault, or partially at fault, when their actions directly violate traffic laws or safety standards. Common examples include: illegally jaywalking outside of a marked crosswalk, ignoring traffic signals (like crossing when the light is red for them), emerging suddenly from between parked cars, or walking while intoxicated on or near a roadway. Assessing fault involves a thorough investigation to determine if the pedestrian failed to exercise reasonable care for their own safety.

If a pedestrian is partially or fully at fault, comparative negligence rules apply. Their compensation may be reduced based on their percentage of fault—or barred entirely if they are primarily at fault. It is crucial to consult a personal injury attorney immediately to understand how fault is determined in your specific case. Call Herrling Clark Law Firm to have an attorney investigate the precise apportionment of fault in your pedestrian accident.