Pedestrian Accidents: Who is Liable?
- Apr 20
- 3 min read
Since pedestrians and cyclists do not have the same protections as the drivers and passengers in motor vehicles, the injuries that can arise when they are struck by a car, SUV, or truck can be particularly severe. Even a slow-moving vehicle can cause serious injuries or fatality to a pedestrian. Notably, cyclist and pedestrian accident liability can be complex — and there can be more than one party who bears responsibility in these situations. If you were hurt in a collision as a pedestrian, it is important to understand who may be held accountable for your damages.
Who’s Responsible for a Pedestrian Accident?
Accidents involving pedestrians and cyclists can arise in many different ways. For instance, a motorist may fail to obey a traffic signal and strike a pedestrian in a crosswalk or a driver might not yield at an intersection. But while most pedestrian accidents involve a negligent or careless driver, there can be other parties who may be at fault. Depending on the facts of the case, pedestrian accident liability can involve the following:
Negligent motorist — A motorist can be held accountable for striking a pedestrian if they were negligent. Common instances of motorist negligence can involve failure to yield, speeding, texting and driving, driving while distracted, violating traffic laws, driving while intoxicated, or driving recklessly.
Driver’s employer — In some cases, a driver’s employer may be held vicariously liable for a cyclist or pedestrian accident that occurred while the driver was acting within the scope of their employment.
Municipality — A municipality may be liable if poorly maintained roads, lack of proper signage, unmarked crosswalks, broken traffic signals, or unsafe sidewalks caused the pedestrian accident.
Construction company — A construction company or road maintenance crew may incur pedestrian accident liability if the incident occurred in a construction zone or in the vicinity of a construction project that required a pedestrian to walk in the street.
What Happens if the Pedestrian is Partly Responsible for the Accident?
In many cases, the defendant will often try to place cyclist or pedestrian accident liability on the victim themselves. For instance, a pedestrian may have contributed to the accident if they were walking while distracted, darted out into traffic, or crossed the street outside of a marked crosswalk. However, even if they are partly to blame for the accident, a pedestrian can still pursue damages from the at-fault party.
In Florida, if a pedestrian is partially at fault for an accident, their compensation may be reduced based on their percentage of fault under the state’s modified comparative negligence rule. This means an injured pedestrian can recover damages—such as medical expenses, lost wages, and pain and suffering—as long as they are found to be 50% or less at fault.
However, if the pedestrian is more than 50% responsible for the accident, they may not be eligible to recover any compensation. For example, if you are found 20% at fault, your total compensation would be reduced by 20%.
What Kinds of Damages are Awarded for a Pedestrian Accident?
Pedestrian and cyclist accidents can result in a wide range of injuries, including traumatic brain injury, organ damage, internal bleeding, broken bones, fractures, lacerations, nerve damage, paralysis, and permanent disability. These types of injuries often require extensive medical treatment and time lost from work. A victim might also experience a significant amount of physical pain and emotional distress. Importantly, when a negligent party incurs pedestrian accident liability, the victim may be entitled to recover both their economic and non-economic damages.
Recoverable damages in a cyclist or pedestrian accident can include compensation for the following:
Unreimbursed medical expenses
Future medical expenses
Lost wages
Future loss of earnings
Out-of-pocket expenses
Mental anguish
Permanent disfigurement
Loss of enjoyment of life
It is crucial to ensure a claim is properly documented in order to obtain the full monetary damages available. Evidence in a cyclist or pedestrian accident case can include medical records, witness statements, photos of the accident scene, and video footage. However, every incident has a different set of facts and circumstances — a skillful personal injury attorney can evaluate a case and determine the evidence necessary to prove pedestrian accident liability.
