It's an awful feeling to know that you accidentally hit a pedestrian with your vehicle. Unfortunately, there is a tendency to always blame the driver of the vehicle when that happens. However, not all pedestrian accidents are automatically the fault of the vehicle's driver. Before you accept the blame, read about incidents in which the pedestrian's actions could have affected fault in the accident.

Pedestrians and Right of Way

Most people believe that pedestrians always have the right of way when encountering vehicles on the road. In most cases, that is the correct way to look at things. After all, those on foot are already at a disadvantage when trying to share the roads with vehicles. Indeed, drivers owe a huge duty of care to walkers and must take care to always pay attention to walkers. That means obeying these rules:

1. Use turn signals to alert pedestrians (and other vehicles) of your intentions.
2. Don't get distracted by your devices while driving.
3. Never be under the influence of drugs or alcohol while driving.
4. Obey the posted speed limits.
5. If you see a crosswalk, slow down and yield to the pedestrians.

Pedestrians May Not Always Have the Right of Way 

In the below situations, it's possible that what led to the accident was unavoidable on your part. Pedestrians also have a duty of care when they are walking to take these actions so that accidents don't happen:

• The pedestrian failed to follow the directions on the traffic signal (don't walk).
• The pedestrian crossed suddenly in front of you (not at an intersection or in a crosswalk).
• The pedestrian was found to be under the influence of drugs or alcohol after the accident.
• The pedestrian was using a device and was unaware that they had entered the roadway due to being distracted by it.
• The pedestrian was attempting to cross or walk on a roadway where pedestrians are not permitted (freeways, interstate highways, toll roads, bridges, etc.).

Determining Fault

Unfortunately, even if the pedestrian was found to have contributed to the accident, some insurers and judges may rule that both the driver of the vehicle and the walker were at fault for the accident. When that occurs, you may only be held liable for part of the pedestrian's damages.

It's vital that you don't accept the blame in all cases of pedestrian vs. vehicle. Speak to a personal injury attorney about the circumstances of the case to find out more.