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Can a Pedestrian Ever Be at Fault in a Collision?

Collisions between vehicles and pedestrians are almost always devastating for the pedestrians involved. People who are walking have essentially no protection from cars, and because of this, motorists owe a certain duty of care to those on foot.

Just because drivers must yield to pedestrians in the state of Mississippi, though, does not mean those who are walking do not need to exercise caution around moving vehicles. In fact, there are even some scenarios in which pedestrians can be liable for causing an accident.

If you were hurt in a pedestrian collision and you’re not sure how to prove that you were following all traffic laws when the incident occurred, contact Heilman Law Group. A Jackson car accident lawyer can assess the situation to determine if you have grounds for a claim and ultimately help you fight for the compensation you deserve. Call 601-914-1025 to schedule a case evaluation.

Can a Pedestrian Ever Be at Fault in a Collision? 

Motorists must follow the rules of the road and take reasonable care to avoid hitting pedestrians. If they fail to do so and end up hitting someone on foot, they are liable for the damages that result.

For example, running a red light at an intersection currently displaying the “WALK” signal and striking a pedestrian as a result would be a clear case in which the motorist was liable. In some cases, though, pedestrians behave in such a way that a driver cannot reasonably avoid causing an accident.

When this happens, the pedestrian may be liable for the damages that result. Someone on foot can be at fault for a motor vehicle collision if he or she:

  • Jaywalked;
  • Crossed before the signal said to;
  • Crossed while intoxicated; or
  • Walked onto a highway or other prohibited area.

Even in the above scenarios, motorists should take steps to avoid striking the pedestrian. For example, if you are driving through a suburban neighborhood where a lot of children live, you can be sure many of them play out on the street where there are no crosswalks. As a result, you should always reduce your speed and remain alert when passing through the neighborhood. Unfortunately, there are other situations in which motorists are simply not expecting to encounter pedestrians. For example, you would not expect to come across someone walking on the shoulder while you were traveling on the highway. It is these kinds of scenarios in which people on foot can be liable for any accidents that result.

Of course, because Mississippi applies comparative negligence rules when assigning fault, even pedestrians who are partially liable for their injuries can recover compensation. The total amount they will receive is simply reduced by their percentage of fault.

If you were hurt in a pedestrian collision and are now facing a liability dispute, contact Heilman Law Group. An aggressive personal injury lawyer on our team can gather evidence, interview witnesses, and negotiate with the opposing party on your behalf so you can focus on recovering from your injuries.

Call 601-914-1025 to schedule a consultation with a car accident attorney in Jackson. If you want to learn more about personal injury claims in Mississippi, visit the USAttorneys website.





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