Can an Injured Pedestrian Be Held Liable in an Accident?

Posted By Jorgensen, Brownell & Pepin, P.C.

29 Sep. 2017

When we think of accidents involving a pedestrian, we typically assume the person behind the wheel is at fault. We’ve all heard the saying “the pedestrian always has the right of way,” but is it law or simply a saying? No, pedestrians do not always have the right of way and they can be held liable for an accident and their injuries if they acted negligently.

Imagine a pedestrian suddenly crosses the middle of the street, where there are no signals, and a driver strikes them because they had no time to react. A driver can argue that they obeyed all applicable traffic laws while the pedestrian ran out in front of the vehicle, possibly making the pedestrian liable.

Here are some ways a pedestrian can be found liable:

Jaywalking

Pedestrians are only supposed to cross the street at designated crosswalks where there is a light or stop sign. If a pedestrian jaywalks, they may be liable for their injuries in an accident.

Ignoring Signals at an Intersection

Signals at an intersection are used to tell pedestrians when it is safe to cross the street. If a pedestrian fails to obey a signal by walking, even though they are not supposed to, they may be liable.

Walking in Prohibited Areas

There are many places where pedestrians are prohibited from walking, such as tunnels without sidewalks, highway shoulders and toll bridges. Pedestrians who are injured while on one of these prohibited roadways may be liable because they are not supposed to be there.

Have you been injured in an accident with a pedestrian? If so, contact our Longmont personal injury attorneys at Jorgensen, Brownell & Pepin, P.C. immediately. We can begin to gather the evidence needed to prove the other party was liable for the accident.

Call (720) 809-8310 or contact us online for a free consultation.
Categories: Personal Injury
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