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Can a Pedestrian be at Fault in a Car Accident Case With Personal Injury?

Updated: Jul 14, 2023

The answer is, believe it or not, yes. Even if the pedestrian is the person injured and they clearly were not driving a car, they can have liability into how the car accident occurred and receive limited personal injury compensation.

When can a pedestrian be found at fault for a car accident?

Walking while distracted is the number one reason a pedestrian can be responsible or partially responsible for a car accident. The most common factor for this ruling is talking on a cellphone or texting and walking in an area with traffic and/or crossing the street.

Other pedestrian actions that lead to fault for car accidents and personal injury include:

  1. Walking under the influence. This can be just as dangerous as driving under the influence, especially in parking lots and high-traffic areas like downtown districts in Suwanee.

  2. Ignoring road signs and traffic signals. This includes “don’t walk” instructions at a crosswalk and directional signage – keep left/right – especially where bike lines are at play.

  3. Crossing the street somewhere other than at an intersection or crosswalk. Commonly known as “jaywalking,” it is illegal in Georgia. As such, it will limit a personal injury claim for the pedestrian.

I was hit by a vehicle while crossing the street in Buford. Can I receive personal injury compensation?

As noted above, depending on the circumstances of the car accident that caused your injury while walking, you may or may not be eligible for personal injury benefits. If you are found to be at fault for less than 50% of the car accident, you can receive benefits. Those benefits will be limited based on your liability. For instance, if you are seeking $20,000 in personal injury compensation after being hit by a car, but you are found to have been texting while crossing the street, you may be considered to have 20% liability for the car accident. In this case, you will only receive $16,000.

If you hit a pedestrian and cause personal injury, what should you do?

In the unfortunate circumstance that you are involved in a car accident with a pedestrian, it is important to know that you may not be 100% at fault. Take proper action such as calling the police so that a full picture of what occurred is noted for your insurance company. 

Fault in these types of personal injury cases can complicate negotiations, but both parties should have the truth on their side. Regardless of if you are the pedestrian or driver in a personal injury car accident case, having proper representation can help you navigate the overwhelming process. Our team of dedicated and caring lawyers will partner with you every step of the way to ensure your personal injury concerns are addressed. Edmundson Law Firm is familiar with the area and can help support your perspective surrounding the circumstances of your car accident. Reach out today for a complimentary consultation. 

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