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Pedestrian Accidents

Pedestrian's Duty of Care

A pedestrian must exercise reasonable care for his or her own safety. The care required of the pedestrian must be in proportion to the danger to be avoided and the consequences that might be reasonably anticipated. Contributory negligence may be assessed against a pedestrian if they failed to exercise such care and directly contributed to the cause of their own injuries.

A few of the most common factors contributing to pedestrian negligence are:

Pedestrians who ignore the "walk" signal at an intersection

Pedestrians who enter a stream of traffic and disrupt the flow

Pedestrians who fail to use marked cross walks

Pedestrians who "dart" in front of a vehicle

Other Pedestrian Accidents

The legal area of premises liability controls claims for losses based on the actions of property owners or possessors, including most non-vehicular related pedestrian accidents. In most states, those in control of land have a duty to maintain their property and a duty to warn people of hazards on it.

To recover damages in a premises liability case, the injured party must prove a dangerous condition on the property and knowledge of that condition by the person or entity controlling the property. A dangerous condition exists when something on the property presents an unreasonable risk to people on it, and the risk is not an obvious one. Knowledge of the dangerous condition is established by showing that: 1) the owner or possessor created the condition; 2) the owner or possessor knew the condition existed and negligently failed to correct it; or, 3) the condition existed for such a length of time that it should have been discovered and corrected prior to the incident in question.

While a property owner will be responsible when a dangerous condition exists on his or her private walkways, such an owner is not usually responsible for injuries resulting from a fall on a public sidewalk located outside his or her property, especially when this property is owned and maintained by a city or town. However, some courts will impose liability on a business owner when business customers exclusively use the public sidewalk.

If You are Involved in a Pedestrian Accident

Be aware that those who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence was the cause of what happened. If you have been involved in a pedestrian accident, you should do the following:

Call police immediately.

Do not leave the scene of the accident before help arrives.

Gather names and phone numbers of any witnesses.

Do not make any statements to anyone, including drivers and insurers.

Call a qualified and experienced pedestrian accident or personal injury attorney as soon as possible.

Pedestrian Accidents - FAQs


There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as: 1) write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident; 2) make notes of conversations that you have with people involved in the accident or the injury claim; 3) preserve evidence of who caused the accident and what damage was done by collecting physical items and taking photographs; 4) locate people who witnessed the accident and who might be able to help you prove your case; 5) notify anyone you think might be responsible for the accident and tell them about your intention to file a claim for your injuries, especially if a government agency or employee may be involved; and 6) contact a personal injury attorney to evaluate and pursue your claim.


You may bear some responsibility for the accident, which may reduce your eventual recovery. For example, if you were 50% at fault, your recovery may be reduced by 50%.


Every pedestrian has the duty to obey traffic laws and to reasonably observe traffic conditions. Generally speaking, pedestrians should not begin or continue their forward course across a street if they are aware of the approach of a vehicle.


Every state has certain time limits called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to talk with a lawyer as soon as you receive or discover an injury.


The injured party may recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering. If the defendant's conduct is extreme, punitive damages may be awarded. If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian's death, as well as damages which stem from the loss of society care and comfort of the decedent.


It is almost always a good idea to retain an attorney in a pedestrian accident case because there usually will be some questions related to fault and comparative negligence. Expert witnesses may need to be retained to reconstruct the accident factors, and help determine responsibility for the accident.


You should provide a lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, however, don't worry; your lawyer will be able to obtain them during investigation of your claim.


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