Can a Pedestrian Be at Fault in an Accident?
Dec. 1, 2025
Pedestrian accidents are often sudden, traumatic events that can leave victims shaken, physically injured, and unsure about their next steps. Being involved in one can be overwhelming, not just emotionally but also legally.
Questions about liability, compensation, and responsibility often arise, and victims may feel uncertain about whether they have a case or how to proceed. At Richard L. Vanderslice, P.C., we understand how stressful these situations can be.
Located in Philadelphia, Pennsylvania, our goal is to help clients in Philadelphia County, Montgomery County, and Delaware County find clarity and support after a pedestrian accident. Reach out to us so we can discuss your situation and help you move forward.
When a pedestrian accident occurs, people often assume the driver is automatically at fault. While drivers do have a responsibility to exercise caution, there are circumstances where a pedestrian can bear some or even full responsibility for the accident.
If you or a loved one has been involved in a pedestrian accident, it’s crucial to understand how liability is determined and how an experienced personal injury attorney can help protect your rights. Contact us at Richard L. Vanderslice, P.C. to learn how we’ll help you assess fault, recover damages, and pursue justice.
How Pedestrian Liability Is Determined
Pedestrian accident cases often hinge on fault. Pennsylvania law recognizes that both drivers and pedestrians have legal duties, and failing to follow them can result in shared or sole liability.
Pedestrians are generally expected to obey traffic signals, cross streets at designated crosswalks, and remain alert while walking. When these expectations aren't met, a pedestrian can be found partially or fully at fault.
Some common ways pedestrian fault may arise include:
Disobeying traffic signals: Crossing against a “Don’t Walk” sign or ignoring traffic lights can place some or all liability on the pedestrian.
Jaywalking: Crossing streets outside of marked crosswalks or in unsafe areas may increase the pedestrian’s share of fault.
Distracted walking: Using a phone, headphones, or other distractions while crossing streets can be considered negligence.
Entering the roadway unexpectedly: Stepping into traffic from between parked cars or from areas not meant for crossing can contribute to an accident.
Even if a pedestrian bears some responsibility, Pennsylvania follows a comparative negligence system. This means fault can be divided between the parties, potentially reducing the compensation a pedestrian may receive but not necessarily barring recovery entirely.
Common Scenarios Where Pedestrians May Be at Fault
Understanding typical scenarios can help victims recognize how liability is determined and when they might face shared responsibility. Here are some situations where pedestrian fault commonly arises:
Crossing mid-block: Pedestrians who cross between intersections instead of using designated crosswalks may be partially at fault.
Ignoring traffic signals: Failing to follow pedestrian lights, stop signs, or crossing signals can contribute to accidents.
Walking under the influence: Alcohol or drugs impair judgment and reaction time, increasing the likelihood of being at fault.
Sudden roadway entry: Entering a street unexpectedly or darting between vehicles can place responsibility on the pedestrian.
Obstructed view: Walking from behind parked cars or other objects, where drivers have little time to react, can affect liability assessments.
While these scenarios may suggest pedestrian fault, it’s important to remember that every case is unique. Drivers are still expected to exercise reasonable care, and a single negligent action by a pedestrian doesn’t automatically absolve a driver of responsibility.
Comparative Negligence and Its Impact on Cases
Pennsylvania applies a comparative negligence system in pedestrian accident cases. This means that fault can be allocated between the driver and the pedestrian, affecting the amount of compensation each party can recover.
Percentage of fault: If a pedestrian is found 30% at fault and the driver 70%, the pedestrian’s damages are reduced by 30%.
Partial recovery: Even if a pedestrian is partially responsible, they can still recover damages, including medical expenses, lost wages, and pain and suffering.
Shared liability disputes: Determining comparative negligence often involves reviewing police reports, witness statements, and accident reconstructions.
An experienced attorney can help pedestrians understand how comparative negligence might apply in their case, gathering evidence to argue for the highest possible compensation despite shared fault.
Common Injuries in Pedestrian Accidents
Pedestrian accidents can result in serious injuries due to the lack of protection compared to drivers. Recognizing the types of injuries that commonly occur helps illustrate why pursuing compensation is so important:
Fractures and broken bones: Legs, arms, and ribs are particularly vulnerable during collisions.
Head and brain injuries: Traumatic brain injuries, concussions, and skull fractures can have long-lasting effects.
Spinal injuries: Damage to the spine may result in partial or total paralysis.
Soft tissue injuries: Sprains, strains, and contusions are common, sometimes leading to chronic pain.
Internal injuries: Damage to organs may not be immediately apparent but can be life-threatening.
Recovering from these injuries often requires extensive medical treatment, rehabilitation, and time off work. The financial and emotional toll can be significant, which is why having a knowledgeable attorney on your side is crucial.
Insurance Claims and Pedestrian Accidents
Filing an insurance claim after a pedestrian accident can be challenging, especially if fault is disputed. Insurance companies may try to reduce payouts or argue that the pedestrian is partly at fault. Being informed and prepared is essential to protecting your rights.
Documenting the accident: Collecting evidence is crucial. Take photos of the scene, gather witness statements, and keep medical records to support your claim.
Reporting promptly: Notify your insurance company as soon as possible. Stick to the facts when providing details to avoid misinterpretation.
Handling adjusters: Insurance adjusters may use tactics to shift blame onto you. Having legal guidance can help you avoid costly missteps during this process.
Settlement negotiations: Even if partially at fault, a pedestrian may still be entitled to significant compensation for medical expenses, lost wages, and other damages.
A lawyer experienced in pedestrian accident cases can assist with managing communication with insurers, gathering evidence, and advocating for the compensation you deserve. They can negotiate on your behalf for a fair settlement.
Pedestrian Negligence and Legal Defenses
Pedestrian fault doesn’t automatically prevent compensation. Legal defenses may exist to reduce or contest claims of negligence, particularly when a driver’s actions contributed to the accident.
Some legal defenses that may be relevant include:
Driver negligence: Even if a pedestrian acted carelessly, a driver speeding, distracted, or failing to yield may bear primary responsibility.
Environmental hazards: Poorly maintained roads, inadequate signage, or obstructions can contribute to accidents, reducing pedestrian fault.
Sudden emergency doctrine: If a pedestrian acted to avoid immediate danger, liability may be limited.
Evidence disputes: Eyewitness accounts, dashcam footage, or accident reconstruction can challenge claims of pedestrian negligence.
Collaborating with an experienced attorney is vital for evaluating these defenses. They can help develop a strategy to protect your legal rights.
Seeking Compensation After Pedestrian Accidents
Even when a pedestrian is partially at fault, pursuing compensation for injuries and damages is often possible. Claimable damages may include:
Medical expenses: Hospital stays, surgeries, therapy, medications, and ongoing care.
Lost income: Time off work or reduced earning capacity due to injuries.
Pain and suffering: Physical discomfort, emotional distress, and lifestyle changes.
Property damage: Damage to personal items such as clothing, phones, or assistive devices.
Long-term care: In cases of permanent disability, future care costs may also be considered.
Calculating damages accurately requires understanding the full scope of medical and financial impacts. A skilled attorney can help pedestrians recover what they’re entitled to under Pennsylvania law.
Moving Forward After a Pedestrian Accident
If you’ve been involved in a pedestrian accident in Philadelphia County, Montgomery County, or Delaware County, you might be wondering whether you have a claim, especially if there’s any question of fault. At Richard L. Vanderslice, P.C. in Philadelphia, we help clients understand their rights, evaluate liability, and pursue the compensation they need for recovery.
Call today to discuss your case and learn how we can help you seek justice and recover damages after a pedestrian accident. Don’t wait—your health, financial security, and peace of mind depend on taking action promptly. Reach out to us at Richard L. Vanderslice, P.C., and let’s explore your options together.