Are Drivers Always at Fault in Pedestrian Accidents?

On This Page

1. Pedestrians and Motorists Must Be Alert
2. A Lawyer Can Represent You After a Pedestrian Accident
3. Call Berger and Green Today

REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

Drivers are not always at fault in pedestrian accidents. If a pedestrian does something that is reckless, such as running in the middle of a highway, then the motorist may not be at fault for any collision between their vehicle and that pedestrian. However, there are many circumstances under which a driver may be at fault for a pedestrian accident. If you or a loved one has been injured as a pedestrian by the driver of a motor vehicle, then you may be able to pursue compensation. A lawyer can lead your case.

Pedestrians and Motorists Must Be Alert

The Centers for Disease Control and Prevention (CDC) demonstrates how important a safety-first outlook is for both motorists and pedestrians. According to the CDC findings:

• Alcohol-related impairment plays a significant role in pedestrian accidents, as intoxicated motorists and pedestrians are statistically shown to be involved in pedestrian accidents
• Speeding motorists increase the risk of a pedestrian accident happening, as well as the risk that a pedestrian’s injuries will be severe
• Elderly pedestrians are at a heightened risk of being involved in a pedestrian accident

These statistics make clear that it is the responsibility of both pedestrians and motorists to avoid coming into contact with one another. The National Highway Traffic Safety Administration (NHTSA) notes that 5,977 pedestrians died as a result of traffic accidents in 2017.

If you hire a pedestrian accident lawyer to handle your lawsuit after a pedestrian accident, then they can help determine who is at fault for the pedestrian accident you or a loved one was involved in, as well as the amount of any compensation that you are entitled to.

A Lawyer Can Represent You After a Pedestrian Accident

A vehicle striking a pedestrian can have catastrophic consequences. Pedestrians lack the protection that occupants in a motor vehicle have, and a heavy, potentially-speeding vehicle can do serious damage.

A lawyer can review your case, determine liability, and pursue any awards that you are eligible to collect. This case review may also include:

• Conducting a free consultation
• Recording your account of the accident
• Asking you for any accident-related documentation in your possession
• Providing an initial assessment of how they believe you should pursue compensation

If you choose to proceed with a lawsuit, then your lawyer may initiate that process. They may determine all of the parties who have liability for your accident. They may also itemize your accident-related losses and assign value to each.

Once they have done this, your lawyer may:

• File your lawsuit in the appropriate court
• Inform parties involved in your lawsuit
• Gather additional evidence
• Record witness accounts of your accident
• Obtain documentation of your losses such as medical bills, formal diagnoses, and photographs of injuries
• Negotiate a settlement before a trial
• Proceed to trial if they cannot negotiate a settlement

Drivers are not always at fault in pedestrian accidents, but in your case, the driver may be at fault. If they are, then your lawyer will make it their goal to seek compensation from the at-fault driver and any other parties who are liable for your or a loved one’s losses.

Possible Compensation for You or a Loved One

Every pedestrian accident produces unique losses, and your lawyer can help determine the precise value of each loss you have suffered. This will produce a figure which they may use to negotiate a settlement or seek a judgment following a trial.

A pedestrian accident can produce serious and potentially fatal injuries. Such injuries may produce harm that extends throughout your life. These may include:

• Brain damage or other forms of cognitive impairment
• Chronic pain
• Changes in your mood or personality, whether as the result of brain damage or as the secondary symptom of physical injury
• Lost income caused by your physical or cognitive limitations
• Permanent harm to your earning power
• The cost of medical care to diagnose and treat your injuries
• The cost of care to rehabilitate your injuries
• Medication costs
• The cost of psychological counseling
• Pain and suffering

You could be entitled to awards in addition to those listed above. A lawyer will fight for the compensation that you deserve.

Call Berger and Green Today

The team at Berger and Green will take the necessary steps to seek any compensation that you deserve. We will represent you until your case is resolved.

Call Berger and Green today at (412) 661-1400 for a free consultation. Make sure you start your case soon, as 42 PA Connotated Statutes Annotated (CSA) §5524 gives you two years to file a lawsuit.