How Much Is Your Car Accident Settlement Worth? Free Settlement Estimate

In most car vs pedestrian car accident cases, yes the driver is going to be found at fault. Drivers are supposed to be extra cautious when driving in places where pedestrians may be present, and in most states pedestrians have the right of way by law. Usually, the driver bears at least some responsibility for the accident. That said, there are situations where the pedestrian could be partially or completely at blame for the accident.

If you hit a pedestrian in a crosswalk, you will nearly always be found liable for his or her injuries. But if the pedestrian was jaywalking, the matter is more complex. Who is at fault and the degree of fault will vary on the specific accident circumstances, and depending on whether or not the pedestrian was jaywalking, if they were intoxicated or acting recklessly, you may not be responsible for paying their pedestrian accident settlement.

For example, if the pedestrian walks out from behind a parked car and the driver had no chance at all to slow down, the pedestrian would probably be 100% to blame for the accident and could not file a claim for damages. But if the driver was speeding and a pedestrian jaywalks in front of the car and is hit, it is possible that both parties could share some responsibility for the accident. In many states, the amount of damages the pedestrian could collect would be reduced by his percentage of fault. So, if the pedestrian has $10,000 in medical bills but was found 40% responsible for the accident, he would only collect $6000 as his part of the auto accident settlement.

If you find yourself in a position where a pedestrian is saying you were at fault for hitting them with your car, you should probably consult with an attorney.