Determining who is at fault if a car hits you as a pedestrian depends on several factors, including the behavior of both the driver and the pedestrian at the time of the accident. While drivers often bear responsibility for pedestrian accidents, there are cases where the pedestrian may share some of the blame. Here are the key factors that help determine fault in a pedestrian accident:
The Driver’s Duty of Care
Drivers are legally required to exercise caution and adhere to traffic laws to avoid injuring pedestrians. Common driver behaviors that can result in fault include:
- Distracted Driving: If the driver was texting, using their phone, or otherwise distracted, they are likely at fault for not paying attention to their surroundings.
- Speeding: A driver who is speeding and hits a pedestrian may be considered at fault for failing to slow down and exercise caution in areas where pedestrians are present.
- Running a Red Light or Stop Sign: If the driver ignored traffic signals or stop signs and hit a pedestrian in a crosswalk or intersection, they would likely be found at fault.
- Failing to Yield: Drivers are required to yield to pedestrians at crosswalks and intersections. If a driver fails to stop or yield when a pedestrian has the right of way, they may be held responsible for the accident.
- Driving Under the Influence: If the driver was intoxicated by alcohol or drugs, they are almost always considered at fault for causing an accident with a pedestrian.
The Pedestrian’s Duty of Care
While drivers are typically responsible for yielding to pedestrians, pedestrians also have a duty to follow traffic laws and act in a reasonably safe manner. Pedestrian actions that can contribute to fault include:
- Jaywalking: If the pedestrian was crossing the street outside of a designated crosswalk or in an area where crossing is prohibited, they may be found partially or fully at fault for the accident.
- Crossing Against Traffic Signals: A pedestrian who walks against a “do not walk” signal or steps into the road when the light is red for pedestrians may be found at fault for not obeying traffic signals.
- Sudden or Unpredictable Movements: If a pedestrian suddenly darts into the road without giving the driver enough time to react, the pedestrian could be partially at fault for the accident.
- Walking While Distracted: Pedestrians who are distracted (e.g., texting, using headphones, or otherwise not paying attention) while crossing the street may contribute to the accident and be held partially responsible.
Shared Fault (Comparative Negligence)
In many pedestrian accidents, both the driver and the pedestrian may share some level of responsibility. In Oregon, the law follows the comparative negligence rule, which means that fault can be divided between the driver and the pedestrian based on their respective actions leading up to the accident.
- How Comparative Negligence Works: Under comparative negligence, a pedestrian can still recover compensation even if they were partially at fault, as long as their share of fault is less than 51%. However, the compensation they receive will be reduced by the percentage of fault attributed to them. For example:
- If a pedestrian is found to be 20% at fault for jaywalking, and the driver is 80% at fault for speeding, the pedestrian can still recover 80% of the total compensation they are awarded.
- If the pedestrian is more than 50% at fault (for example, crossing illegally in a high-speed zone), they may not be able to recover any compensation.
Right of Way
The right of way is an important factor in determining fault. Pedestrians usually have the right of way at marked crosswalks and intersections. However, there are exceptions:
- Crosswalks and Intersections: Pedestrians generally have the right of way when using marked crosswalks and when crossing at intersections, even if no crosswalk is present. If a driver fails to yield to a pedestrian in these situations, the driver will likely be found at fault.
- Mid-Block Crossings: If a pedestrian crosses the street in the middle of the block (jaywalking) and is hit by a vehicle, the pedestrian may be found partially or fully at fault, especially if the driver could not reasonably see or stop for the pedestrian.
Other Contributing Factors
Additional factors can influence fault in pedestrian accidents:
- Weather Conditions: Slippery roads, poor visibility, and adverse weather conditions (such as rain or fog) can make it harder for drivers to stop or see pedestrians. While drivers still have a duty to drive cautiously in these conditions, pedestrians must also exercise extra caution.
- Visibility: Pedestrians who wear dark clothing at night or cross in poorly lit areas may be harder for drivers to see, which can contribute to shared fault. Drivers must still exercise caution, but visibility issues may play a role in determining fault.
- Driver’s View Obstructed: If the driver’s view was blocked by other vehicles or objects, determining fault may depend on whether the driver was following traffic laws and being cautious given the visibility limitations.
If you were hit by a car, it’s important to collect as much evidence as possible, such as police reports, witness statements, and photographs of the scene, to help establish fault. Consulting with a pedestrian accident attorney can also help you determine who is responsible and pursue compensation for your injuries, especially if fault is contested.
