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When Are Pedestrians at Fault for a Car Accident?

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When Are Pedestrians at Fault for a Car Accident?

When Are Pedestrians at Fault for a Car Accident?

When it comes to pedestrian accidents, a lot of factors can cause the accident. Actions made by the driver and pedestrian alike could potentially lead to an accident. Both the driver and pedestrian might be liable for damages depending on who broke which law and what led to the accident itself. If you suffered personal injuries or other damages after a pedestrian accident and are unsure whether you can sue for damages, try consulting with a Delaware pedestrian accident lawyer


A total of 5,987 pedestrians died from pedestrian-car accidents in the year 2016 alone. Among this group, older people and children are some of the most common pedestrians injured in these types of accidents. In many cases, the driver or pedestrian was found to be under the influence of alcohol. Alcohol can make remembering and following certain traffic laws like jaywalking difficult.  

When it comes to pedestrian rights, pedestrians have the right to walk across crosswalks without being hit. This can apply to parking lots or intersections. However, certain crosswalks also require the walking light signal to be activated. Otherwise, the pedestrian might be at fault. Drivers are expected to stop when pedestrians have the right-of-way, but pedestrians are expected to stop for drivers when the driver has the right-of-way.  


Determining whether the pedestrian or driver was at fault for the pedestrian accident depends mostly on right-of-way laws and who did what leading up to the accident. A driver who breaks traffic laws would be When Are Pedestrians at Fault for a Car Accident?considered fully at fault for the accident as long as the pedestrian did not break any laws. This means running stop signs or lights, speeding, using alcohol, or not stopping at parking lot crosswalks.  

Pedestrians could be fully at fault if they jaywalk, walk on the road when there is a sidewalk, or if they ignore signals that tell them not to cross at intersections. However, both a pedestrian and a driver could be partially at fault for the accident if they both happened to break these same traffic laws. This is when comparative negligence comes into play to determine how much compensation each party owes the other. The amount of compensation often depends on the percentage of fault that each person falls under.  

Working with a lawyer can help you figure out what percentage you fall under to see how much compensation you could be eligible to receive. A lawyer can also help you prove pedestrian negligence if the pedestrian you hit broke a traffic law.  


Try talking to a Delaware personal injury lawyer if you suffered damages from a pedestrian accident and the pedestrian you hit broke traffic laws. Contact Edelstein Martin & Nelson today at (302) 295-5050 for a consultation. You could be eligible to receive compensation based on your injuries, medical bills, and lost wages. You can find us in Wilmington, DE. Working with an experienced lawyer sooner than later can be key to saving time and money. 

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