All Questions

May 7, 2020 | Gary Burger

Who is At Fault in a Pedestrian Accident?

Drivers, pedestrians, and bicyclists must use reasonable care when crossing the street. Drivers are required to stay alert and keep a careful lookout for pedestrians and other road dangers, while pedestrians must follow crossing rules at intersections. If a pedestrian-car accident happens, both the pedestrian and the motor vehicle driver can be responsible in the accident.

So, when is a pedestrian at fault in a crash, and when is a driver at fault in an accident? There are many factors that are considered when investigating a pedestrian accident claim, but to get a better idea of the fault determination process, it is crucial to discuss your case with an experienced car accident attorney.

At Burger Law, we fight for pedestrian accident victims that were harmed by another person's negligence. Our attorneys have recovered fair settlements for many types of personal injury cases and are prepared to fight for the best results for your claim. Call 314-542-2222 or 618-272-2222 to schedule a free case review.

Common Pedestrian Accidents | St. Louis Pedestrian Accident Lawyers

Motor vehicle drivers must obey traffic laws and exercise reasonable care on the road. When drivers. and in some cases, pedestrians, do not obey intersection, crosswalk, and other rules of the road, this can cause a catastrophic accident. Most pedestrian accidents include one of the following elements:

  • Distracted driving - drivers talking on the phone, eating or drinking, or otherwise not paying attention to the road
  • Speeding - if a driver is speeding, and doesn't see a pedestrian in the road, the pedestrian can suffer debilitating injuries
  • Crosswalks - failing to yield to pedestrians in crosswalks, or not yielding when pedestrians have the right of way at an intersection
  • Left-hand turns - accounting for 25% of pedestrian accidents, left-turn accidents happen at intersections where both parties may have signals to go - drivers, even with a signal, must yield to pedestrians
  • Backing up - pedestrians, mostly small children, walking behind a vehicle backing up, can result in tragic injuries to the pedestrian

There are some cases where a pedestrian can be at fault in an accident, but generally, pedestrian accidents are the fault of a negligent motor vehicle driver. Drivers are required to continually keep a lookout for pedestrians and other oncoming traffic when behind the wheel.

Liability in Pedestrian Car Accidents

In most pedestrian-car accidents, the pedestrian is not solely at fault. Most of the time, the driver involved is completely at fault, or partially at fault, in the accident. The rules of the road in most states, such as Missouri and Illinois, state that the car has to yield the right of way to pedestrians in most situations.

For example, if a motor vehicle has the signal to proceed at an intersection stoplight, but a pedestrian is crossing, the driver cannot ignore the pedestrian and continue driving. The driver must yield to the pedestrian crossing. Similarly, if a driver is negligent, and does not see the pedestrian or is distracted while driving, and a pedestrian is hit, the driver is liable for the victim's damages.

Most pedestrian-car accident claims can recover compensation for medical bills, pain and suffering, lost wages, and other expenses caused by the negligent party. It's essential to contact a St. Louis pedestrian accident lawyer right after an accident to explore the options available to your case.

Contact Our St. Louis Pedestrian Accident Lawyers Now

Pedestrian accidents are tragic. Motor vehicle drivers are obligated to yield to pedestrians on the road, and must keep their eyes peeled for potential dangers on the road. However, many drivers are negligent and don't pay attention to the road the entire time that they are behind the wheel, and many pedestrians are injured or killed.

Burger Law is committed to recovering full compensation for pedestrian accident victims and their families. No one should have to struggle with high medical expenses and lost wages because of another person's negligence. Our St. Louis pedestrian accident lawyers are here to help you navigate the process of filing a claim for your case. To schedule a free, no-obligation case review with Burger Law, call 314-542-2222 or 618-272-2222 now.