Pedestrians are some of the most vulnerable people on the road. Unlike drivers, they have no protection against impact, which makes collisions especially dangerous. In busy areas like intersections, crosswalks, and parking lots, a simple mistake by a driver can lead to life-changing injuries for a pedestrian.
California law holds drivers responsible when their negligence harms others, but proving fault after a pedestrian accident is not always easy. Insurance companies often try to shift blame, claiming the pedestrian was not paying attention or crossed the street improperly. Securing compensation for medical bills, lost wages, and other damages can be challenging without strong evidence.
If you or a loved one was injured in a pedestrian accident, knowing what caused the crash and how to prove liability is key to getting the financial recovery you deserve. This blog will explain the most common causes of pedestrian accidents and how to prove negligence and hold negligent drivers accountable.
Reach out to an experienced pedestrian accident lawyer today to protect your rights and explore your legal options.
Common Causes of Pedestrian Accidents
Pedestrian accidents happen for many reasons, but most result from driver negligence. Even though traffic laws are meant to protect those on foot, many drivers fail to follow the rules or pay attention to their surroundings. Below are some of the leading causes of pedestrian collisions.
Failure to Yield at Crosswalks
Drivers are required to stop for pedestrians in marked and unmarked crosswalks, but many fail to do so. Some roll through intersections without checking for people crossing, while others try to rush through before pedestrians reach their lane. When a driver ignores right-of-way laws, serious injuries can occur.
Distracted Driving
Drivers who text, eat, adjust the radio, or engage in other distractions take their eyes off the road, increasing the chance of hitting a pedestrian. A moment of inattention is all it takes for a driver to miss someone crossing the street or stepping onto a crosswalk.
Speeding and Reckless Driving
Speeding reduces reaction time and increases the severity of pedestrian injuries. A driver going too fast may be unable to stop in time to avoid a crash, especially in areas with heavy foot traffic. Reckless behaviors like running red lights, making illegal turns, and ignoring stop signs also contribute to pedestrian collisions.
Driving Under the Influence
Alcohol and drugs impair a driver's ability to react, judge distances, and make safe decisions. Intoxicated drivers are likelier to run red lights, drift into crosswalks, or fail to see pedestrians. DUI-related pedestrian accidents often lead to severe injuries or fatalities.
Poor Visibility and Low-Light Conditions
Many pedestrian accidents occur at night when visibility is lower. Drivers who fail to use their headlights properly or are not paying attention in poorly lit areas may not see a pedestrian until too late. Bad weather, dark clothing, and blind spots near parked cars can make pedestrians harder to see.
Backing-Up Accidents
Drivers reversing out of parking spaces or driveways may not check their surroundings carefully. Many pedestrian accidents happen in parking lots, where drivers back into people walking behind their vehicles. Children and older adults are especially at risk in these situations.
Impatient or Aggressive Driving
Some drivers become frustrated with pedestrians, attempting to pass too closely, honking aggressively, or refusing to slow down. These actions increase the risk of a collision and put pedestrians in danger.
Pedestrian accidents are often preventable when drivers follow traffic laws and remain aware of their surroundings. When negligence causes a crash, injured pedestrians have the right to hold at-fault drivers accountable.
How to Prove Negligence in a Pedestrian Accident Case
When a driver causes a pedestrian accident, the injured person must prove negligence to recover compensation. Insurance companies often try to shift blame, making it important to have strong evidence that the driver was at fault. Below are the key elements needed to build a case and hold a negligent driver accountable.
Establishing Duty of Care
Drivers are legally obligated to operate their vehicles safely and follow traffic laws. This includes yielding to pedestrians, stopping at red lights and stop signs, and avoiding reckless behavior. Pedestrians also have responsibilities, such as crossing at designated areas and obeying walk signals.
Proving the Driver Breached Their Duty
To show negligence, you must prove the driver failed to act responsibly. Some common breaches of duty include:
- Running a red light or stop sign
- Failing to yield at a crosswalk
- Speeding in pedestrian-heavy areas
- Texting or using a phone while driving
- Driving under the influence of alcohol or drugs
Traffic laws exist to protect pedestrians. If a driver violates these laws, it strengthens a negligence claim.
Showing the Driver’s Actions Caused the Accident
It is not enough to show that a driver acted irresponsibly. You must also prove that their actions directly led to the crash and your injuries. For example, if a driver ran a stop sign and hit a pedestrian in the crosswalk, there is a clear connection between the driver’s negligence and the accident.
Documenting Injuries and Losses
After proving fault, you must show how the accident affected you. This includes medical records, doctor’s notes, and treatment costs. Other evidence may include:
- Lost income due to time away from work
- Physical therapy and rehabilitation expenses
- Emotional distress, such as anxiety or PTSD
- Permanent disabilities or long-term medical needs
Insurance companies may try to argue that injuries are not as severe as claimed. Keeping detailed medical records and following all treatment recommendations can strengthen your case.
Gathering Evidence to Support Your Claim
A strong case relies on solid evidence. Some of the most useful forms of proof in a pedestrian accident claim include:
- Police Reports – Officers at the scene document their findings, which can confirm traffic violations or signs of impairment.
- Witness Statements – People who saw the accident can provide valuable testimony about what happened.
- Traffic Camera or Surveillance Footage – Video evidence from nearby businesses or intersections can clearly show a driver’s actions.
- Accident Scene Photos – Pictures of vehicle damage, skid marks, and road conditions can help reconstruct the accident.
- Phone Records – If distracted driving is suspected, phone records can show if the driver was texting or on a call at the time of the crash.
Dealing with Insurance Companies
Insurance adjusters often try to reduce payouts or deny claims. They may argue that the pedestrian was distracted, crossed against the signal, or was partially responsible for the accident. Having strong evidence makes it harder for them to dispute the claim.
Why Legal Representation Matters
Proving negligence can be challenging, especially when dealing with insurance companies that want to minimize liability. A pedestrian accident lawyer can gather evidence, negotiate with insurers, and fight for fair compensation. Without legal representation, injured pedestrians risk accepting settlements that do not fully cover their losses.
If you were injured in a pedestrian accident, proving negligence is the first step toward securing financial recovery. Holding the driver accountable ensures you receive compensation for medical expenses, lost income, and other damages.
Technology and Liability in Pedestrian Accidents
As self-driving technology becomes more common, determining fault in pedestrian accidents can be more complicated. One of the most well-known cases involving autonomous vehicles occurred in 2018 when Elaine Herzberg was struck and killed by a self-driving Uber in Tempe, Arizona.
The car was in autonomous mode, but a backup driver was inside. Prosecutors later ruled that Uber was not criminally responsible, but the backup driver faced legal consequences, pleading guilty to endangerment and receiving three years of probation.
This case raised questions about how liability applies when technology and human oversight intersect. It also highlights the importance of determining fault when multiple parties—such as companies, software developers, and human operators—may share responsibility for a crash.
While most pedestrian accidents involve traditional vehicles, the growing presence of self-driving technology adds another layer of legal questions that courts and lawmakers continue to address.
Common Defenses Used in Pedestrian Accident Cases
Drivers and their insurance companies often try to avoid responsibility by shifting blame to the pedestrian. These common defenses can help you prepare for arguments and strengthen your claim.
Claiming the Pedestrian Was Outside a Crosswalk
One of the most common defenses is arguing that the pedestrian was jaywalking or crossing in an unmarked area. While pedestrians are expected to use crosswalks, drivers must remain aware of their surroundings and avoid hitting people on the roadway. Even if a pedestrian was not in a crosswalk, a driver who was speeding, distracted, or otherwise negligent can still be held responsible.
Saying the Pedestrian Was Distracted
Insurance companies may argue that a pedestrian was not paying attention, such as looking at their phone or listening to music with headphones. However, a pedestrian’s inattention does not excuse a driver’s failure to yield or obey traffic laws. If the driver was speeding, running a red light, or driving under the influence, their negligence is still a primary cause of the crash.
Arguing the Pedestrian Crossed Against a Signal
If a pedestrian enters an intersection while the "Do Not Walk" signal is displayed, the driver’s insurance may use this to shift fault. However, drivers are still expected to proceed with caution, especially in areas where pedestrians are common. Traffic camera footage, witness testimony, and police reports can help clarify what happened and whether the driver had enough time to stop.
Blaming Poor Visibility or Road Conditions
Some drivers claim they did not see the pedestrian due to bad weather, low lighting, or obstructed views. While visibility can be a factor, drivers have a duty to adjust their speed and remain aware of pedestrians, especially in areas with high foot traffic. If a driver was speeding or not using their headlights properly, they may still be at fault.
Arguing the Pedestrian Was Under the Influence
If a pedestrian has alcohol or drugs in their system, the driver’s insurance may try to use this against them. However, being impaired does not automatically make a pedestrian responsible for an accident. If the driver was intoxicated or failed to take reasonable steps to avoid the crash, they can still be held accountable.
Comparative Fault in California
California follows a pure comparative negligence rule, which means that even if a pedestrian is found partially responsible, they can still recover compensation. Insurance companies use this rule to reduce payouts by arguing the pedestrian was at least partially responsible. A strong case with solid evidence can minimize any attempt to shift blame.
How to Counter These Defenses
- Eyewitness Testimony. Statements from bystanders can confirm that the driver was at fault.
- Traffic Camera Footage. Video evidence can show if the pedestrian had the right of way.
- Police Reports. Officer statements may note the driver’s violations.
- Accident Reconstruction. Experts can analyze vehicle positions, braking distances, and impact points to prove fault.
Insurance companies look for any reason to reduce their liability. A strong case with clear evidence helps prevent them from unfairly blaming the pedestrian. A pedestrian accident lawyer can challenge these defenses and fight for full compensation.
Contact Legal Fighters for Your Pedestrian Accident Claim
Recovering from a pedestrian accident is overwhelming. Medical bills pile up, and lost income creates financial strain. You shouldn’t have to take on this fight alone—Legal Fighters is here to help.
Our firm has secured billions in compensation for injured clients, and we know how to hold negligent drivers accountable. Here’s what we do for pedestrian accident victims:
- Investigate the Accident – We gather surveillance footage, witness statements, and police reports to establish fault.
- Handle Insurance Companies – We deal with insurers who try to shift blame or offer low settlements.
- Consult Medical Experts – Understanding the full extent of your injuries helps us demand the compensation you need.
- Calculate the Full Value of Your Claim – We account for medical costs, lost income, pain and suffering, and long-term care needs.
- Negotiate Aggressively – We fight back if an insurance company refuses to pay what you deserve.
- Take Your Case to Trial if Necessary – We are ready to present your case in court if a fair settlement isn't offered.
- Provide Ongoing Support – We handle the legal side so you can focus on healing.
If a negligent driver hits you, don’t let insurance companies pressure you into settling for less than you deserve. Call (800) 210-0000 today for a free consultation, or contact us online. The team of personal injury lawyers from Legal Fighters is ready to fight for your financial recovery.