Who is At Fault in a Pedestrian Accident?

When a pedestrian is struck by a vehicle, the question of who is responsible often arises. Most people immediately assume the fault is the driver’s, but the answer is not always that straightforward. It depends on various factors, and determining everyone who shares fault is crucial for legal and insurance purposes.

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 pedestrians that were harmed because someone else broke the rules of the road. 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 or fill out our online form to schedule a free case review. With offices in St. Louis, Chicago and elsewhere, we help the injured throughout Missouri and Illinois get full compensation for their injuries.

If you are a pedestrian who was injured by a negligent driver, see how much your claim may be worth by using our free
personal injury calculator.

Pedestrian accidents are tragic and the injuries they cause can be devastating. In 2020, according to the Missouri Traffic Safety Compendium, almost 11 percent of
accidents involving pedestrians were fatal in Missouri, compared to just 1.6 percent of other auto accidents. According to the 2020 Illinois Crash Facts and Statistics, 5.5 percent of pedestrian accidents were fatal, compared to just .4 percent of all motor vehicle crashes.

If you are dealing with the aftermath of being injured in a pedestrian accident in Missouri or Illinois, call Burger Law immediately to start on the road to true recovery.

Understanding Right of Way

Before diving into fault determination, it’s essential to understand the concept of right of way. In general, pedestrians have the right of way when crossing at marked crosswalks or intersections with traffic signals or stop signs.

This means that drivers are legally obligated to yield to pedestrians in these situations. Missouri law expects drivers to have the highest degree of care regarding pedestrians. However, pedestrians also have responsibilities. They must follow traffic signals and use crosswalks whenever possible. Jaywalking, or crossing the street outside of designated areas, can make the pedestrian at fault in an accident.

In Illinois, the laws are somewhat similar but with a slight variation in how fault is determined. Illinois also follows a “comparative negligence” system, but it is a “modified” version, where a pedestrian can only recover damages if they are found to be less than 50% at fault for the accident. If a pedestrian’s negligence, such as jaywalking or ignoring signals, is found to be the primary cause, they may be barred from receiving compensation entirely. This contrasts with Missouri, where a pedestrian could still recover some damages even if more than 50% at fault.

Common Causes of Pedestrian Accidents

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.

Who Is at Fault in a Pedestrian Accident?

When proving negligence in any personal injury claim, there are five elements that must be true:

1. Duty of care — Did the other person have a responsibility to try to keep you, themselves and others
   safe? In public spaces such as roads and crosswalks, we all have a responsibility to look out for each other’s
   safety.
2. Breach of duty — Did the other person break that duty? Were you hit by a drunk driver or one who was distracted? Or
   you sprint into the middle of the road without looking to see if a car was coming?
3. Cause in fact — Did the accident directly cause your injury?
4. Proximate cause — Did the driver or pedestrian’s breach of duty cause the accident? If a pedestrian
   was hit in a crosswalk, but the accident was caused by the car’s brake failure, a manufacturer, and not the
   driver, may be liable.
5. Damages — Whoever is at fault is responsible for the other party’s damages, including medical
   bills, lost wages and pain and suffering.

Missouri Revised Statute §304.012 stipulates that motorists must “exercise the highest degree of care” to pedestrians and others on the roads, while 625 ILCS 5/11-1003.1 calls for “drivers to exercise due care.” At the same time, pedestrians must use reasonable care not to cause accidents or injure
themselves.

Because cars can do more damage and pedestrians are especially vulnerable, a higher duty of care is expected from motorists. For example, in both states a driver has to yield to a pedestrian who is approaching the half of the road the driver is on. But, if the driver is close to approaching the crosswalk, pedestrians are expected to wait until it is safe to cross.

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.

Determining fault in a car-pedestrian accident depends on several factors. Here are some common scenarios:

• Crosswalk accidents: If a pedestrian is hit while legally crossing at a marked crosswalk or intersection, the driver is typically at fault. Drivers must yield to pedestrians in these areas.
• Walking intoxicated: if the pedestrian walks while impaired or intoxicated, they may share some fault for the accident

• Distracted driving or speeding: If a driver is speeding, texting, or otherwise distracted, they may be held responsible for the accident, even if the pedestrian was jaywalking.

• Hitting a pedestrian while driving on the job: When a driver is working when they hit a pedestrian, their employer will share liability for the driver’s negligence.
• Improperly-timed signals: When a walk or traffic signal is improperly programmed and leads to a collision, the local or state transportation agency might be at fault.

Determining fault can be complex, as it often involves considering various factors, such as:

• Traffic signals and signs
• Road conditions
• Visibility
• Actions of both the driver and pedestrian
• Witness statements
• Surveillance footage (if available)

Even in cases where the pedestrian is to partly blame for the accident, it’s unlikely they’re solely responsible. An investigation may reveal important evidence that determines how the courts or insurance companies divide the responsibility between the parties.

Comparative Fault in Missouri and Illinois Pedestrian Accidents

In comparative negligence, a person is responsible for the percentage of the accident they caused. For example, if a
driver is changing their A/C settings at the time of the accident, and a pedestrian is texting someone, it may be
that both sides share a portion of the blame for the accident. If you are a pedestrian who incurred $50,000 in
damages because of a negligent driver, but a fact-finder determines you were 10 percent at fault,
you would receive $45,000 in compensation, while the $5,000, or 10 percent, goes toward the driver’s damages.

Missouri is what’s called a “pure comparative negligence” state, meaning that even if
you were 99 percent at fault for an accident, you could still recover one percent of your damages. Illinois is a
“modified comparative negligence” state. That means the doctrine still applies, however only if you share half the
blame or less for the accident. So, if a fact-finder determines you are 51 percent to blame, you would not be
eligible for compensation.

Potential Consequences

The consequences of a car-pedestrian accident can be severe, especially for a pedestrian, who is highly vulnerable. Injuries can range from cuts and bruises to life-threatening conditions like traumatic brain injuries or spinal cord damage.

If the driver is found at fault, they may face legal consequences, such as fines, license suspension, or even criminal charges, depending on the severity of the accident and the circumstances.

If you are involved in a car-pedestrian accident, it is highly recommended to seek legal assistance. Our experienced St. Louis pedestrian accident lawyers at Burger Law can evaluate the situation, gather evidence, and ensure your rights are protected as an injured pedestrian.

Seeking Compensation for Pedestrian Injuries from Liable Drivers

The aftermath of a pedestrian accident can be overwhelming, with medical bills, lost wages, and physical pain. That’s where a skilled St. Louis pedestrian accident attorney comes in to fight for your rights to full compensation.

When it comes to seeking compensation for pedestrian injuries, there are several factors to consider. First, your attorney will evaluate the extent of your injuries and the impact they have on your life. They will consider medical expenses, both present, and future, rehabilitation costs, and any necessary accommodations or modifications to your home or vehicle.

Additionally, your attorney will assess the impact on your ability to work and earn a living. If your injuries have resulted in lost wages or have diminished your earning capacity, you may be entitled to compensation for these financial losses.

Furthermore, an experienced attorney will account for the pain and suffering you’ve endured due to the accident. This may include physical pain, emotional distress, loss of enjoyment of life, and any psychological impact that the accident has had on you.

Insurance companies regularly undervalue the compensation claimants deserve, so you want your own professional handling these calculations for you. Do not hesitate to consult with a trusted attorney to discuss your specific circumstances and explore the potential compensation available to you.

Insurance Companies Often Try to Blame Pedestrians

When you are pursuing a claim against a negligent driver, it’s important to remember that insurance companies are not always on your side. In fact, they often try to shift the blame onto the pedestrian in order to avoid paying out a fair settlement.

When you’re involved in a pedestrian accident, it’s important to seek legal representation as soon as possible. The pedestrian accident attorneys at Burger Law understand the tactics used by insurance companies and will stand up for your interests. We have extensive experience in handling pedestrian accident cases and will work tirelessly to ensure you receive the compensation you deserve.

Insurance companies often try to argue that the pedestrian was at fault for the accident. They may claim that the pedestrian was not paying attention, crossed the road illegally, or was in an area where pedestrians are not allowed. These tactics are used to diminish the responsibility of the driver and shift the blame onto the pedestrian.

However, pedestrians have rights and drivers have a responsibility to exercise caution when sharing the road. When drivers fail to be careful, they should be responsible for the harm they cause.

Our lawyers know the laws surrounding pedestrian accidents and will thoroughly investigate the circumstances of your case. We can gather evidence, talk to witnesses, and work with accident reconstruction experts to build a strong case on your behalf.

While insurance companies often try to blame pedestrians for accidents in order to avoid paying fair settlements, legal representation can protect pedestrians. If you’re involved in a pedestrian accident, take action to hire an attorney now. We have the knowledge and experience needed to fight for the compensation you deserve.

Contact Our St. Louis Pedestrian Accident Lawyers Now

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 the injured throughout Missouri and Illinois navigate the process
of filing a claim for your case. To schedule a free, no-obligation case review with Burger Law, call now or contact us online.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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