When Is a Pedestrian At Fault for a Car Accident?

21 Jan 2026

By Boris Tadchiev

Pedestrians often suffer severe injuries in car accidents, leading many to assume that motorists are always at fault. However, that is not always true. Depending on the circumstances, the actions of the person on foot can contribute to or cause car accidents involving pedestrians.

Pedestrians also need to follow the rules of the road, and when a walker ignores these rules, disputes over fault in a car accident can occur. But when is a pedestrian at fault for a car accident?

Situations Where Pedestrians Can Be At Fault for a Car Accident

Pedestrians can sometimes contribute to or cause traffic accidents, which makes it challenging to determine liability in a car accident involving a pedestrian. Some examples of situations where pedestrians could contribute to car crashes include:

Jaywalking – Pedestrians who jaywalk or otherwise break traffic laws cause significant hazards because drivers cannot anticipate them crossing outside designated areas. Crossing outside marked crosswalks or against traffic signals, entering the roadway mid-block, or moving between parked cars without checking for oncoming vehicles disrupts predictable traffic patterns, increasing the accident risk for motorists and pedestrians.
Walking while distracted – Distracted walking increases the risk of a pedestrian accident just as distracted driving does. A distracted pedestrian who walks without paying attention may not scan traffic frequently or focus on roadway conditions, losing a general awareness of their surroundings.
Ignoring traffic signals – Traffic signals regulate and maintain safe interactions between drivers and pedestrians. When pedestrians walk against the signal, enter the street while ignoring a flashing “don’t walk” signal, move through intersections without verifying that vehicles have stopped, or otherwise fail to obey traffic signals, drivers cannot predict their actions.
Stepping into traffic unexpectedly – Sudden, unpredictable movement from a pedestrian, such as darting into the street to catch a bus or cab, entering the roadway to retrieve an item, stepping out from behind a large vehicle without checking for oncoming cars, or running into the street while distracted or in a hurry, increases the risk of a collision.
Walking under the influence – Impairment from drugs or alcohol affects pedestrian decision-making just as it affects drivers. A pedestrian under the influence can stumble into the roadway unexpectedly, misjudge the distance and speed of approaching vehicles, ignore crosswalks or traffic signals, and react slowly to approaching vehicles.
Poor judgment – Even sober pedestrians sometimes make risky choices and assume oncoming traffic will stop, even when motor vehicle drivers do not see them. They may also cross multi-lane roads during heavy traffic, attempt to beat turning vehicles through an intersection, or enter the street from areas with limited visibility.
Walking in prohibited areas – Some areas, such as tunnels, highways, construction zone entry and exit points, or bridges without pedestrian paths, prohibit pedestrian access due to high-speed traffic or limited visibility. When a collision occurs under these circumstances, the pedestrian’s unlawful presence can form a major part of the fault analysis.

New York’s Comparative Negligence Law in a Car Accident Involving a Pedestrian

New York follows a pure comparative negligence rule, meaning that each party’s degree of fault reduces their potential compensation by the same percentage. Even when a pedestrian contributes to a car accident, they may still recover compensation if someone else was also negligent. However, the pedestrian’s recoverable compensation will be reduced according to their percentage of liability.

Determining fault in pedestrian-car accident cases requires analyzing crucial evidence, including traffic camera footage, police reports, eyewitness statements, and roadway conditions. Small details can shift the percentage of fault in a claim. Our experienced personal injury attorneys are ready to review all the evidence and argue for the fairest allocation of responsibility in your case.

How a Personal Injury Attorney Can Help Protect Your Rights After a Car Accident

Calling our personal injury attorneys immediately after a car accident with a pedestrian could make a significant difference in your claim. Our lawyers can step in early and provide the support needed to protect your rights in fault disputes.

For example, a skilled personal injury attorney from The Tadchiev Law Firm, P.C., can:

Investigate the crash – By examining the crash scene, reviewing traffic camera footage, and interviewing witnesses, our attorneys can reconstruct the events leading up to the accident. The investigation process helps uncover any contributing factors, such as driver negligence, that may not be immediately obvious.
Preserve crucial evidence – We can secure surveillance recordings, cell phone records, and other physical or digital materials before anyone can alter or lose them. Promptly preserving evidence can prevent disputes over what actually occurred.
Assist with medical documentation – Our attorneys can make sure that your medical reports and records properly document and support your injuries. That allows all present and future medical expenses to be accurately reflected in your claim.
Identify responsible parties – Our attorneys can determine all parties at fault for the accident by evaluating traffic violations, analyzing contributing behaviors, and identifying where each person’s actions fit into the overall cause of the accident and building a complete picture of liability.
Push back against fault claims – When insurers or other parties assign unfair blame, our attorneys can protect you against false statements using evidence, witness testimony, and legal arguments.
Calculate loss value – We can calculate medical bills, lost income, future treatment costs, and evaluate the broader impact of the accident on your life to make sure compensation demands fully reflect your losses. Now is the time to fully account for all losses because you cannot claim additional compensation once the settlement is finalized.
Communicate with insurance providers – As your lawyer, we become the point of contact for your claim and handle every call, letter, and email. We can clarify confusing policy language and prevent insurers from undervaluing your claim.
Negotiate a fair settlement – Through evidence-backed demands and strategic counteroffers, our attorneys can fight for fair compensation that reflects the full extent of your losses.
Litigate in court – If settlement negotiations fail, our lawyers can take your case to court to seek a favorable verdict. Sometimes, impending litigation can motivate an insurer to settle the claim.

Talk to Our Queens Car Accident Lawyers for Help

If you suffered injuries in a car accident involving a pedestrian, you need to focus on your health, not a complicated insurance claim.

The experienced Queens car accident attorneys at The Tadchiev Law Firm, P.C., are ready to investigate every detail, hold responsible parties accountable, and fight for the maximum compensation you need.

About the Author

Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.