Who’s At Fault? 3 Road Accident Scenarios Involving a Pedestrian

Every day we witness or hear reports of road accidents from minor to significant casualties. Regardless of the type of road accident, the question is always one — who is at fault? We tend to blame the driver in road accidents. Pedestrians have the notion that they have the right of way.

In contrast to this belief, accident lawyers claim that the pedestrian’s mistake can be the cause of an accident. However, this highly depends on keen investigation. Some accidents are easy to determine the party at fault, while others are not. 

Let’s have a look at these three scenarios involving a pedestrian to understand who is at fault.

1. Sidewalk Accidents

Most individuals assume that they are safe from road accidents by walking on the sidewalks. This case is not valid. You need to understand that accidents do happen on the path walks and can cause severe injuries or result in deaths.

In fact, in most of the road accidents involving pedestrians, the pedestrian can either be walking on the sidewalk or crossing the street.  Though most individuals blame pedestrians, the driver could be at fault too. 

Sidewalk accidents can occur in three scenarios:

Distracted drivers. Below are examples of how a driver can cause an accident at the sidewalk.

  • Speeding.
  • The driver swerves to the sidewalks.
  • A driver using a cell phone.
  • Sharp turns.

Poorly maintained sidewalk. A poorly maintained sidewalk can cause a pedestrian to trip on fall into a moving vehicle.

  • Uneven pavement
  • Large cracks
  • Buckling from tree roots.

A distracted pedestrian. A pedestrian can be at fault if the following happens:

  • Darting in front of a vehicle.
  • Texting or talking on cell phones.
  • Lack of concentration.

2. Night Driving Accidents

From a reliable report, most of the accidents that occur in the dark take place during the weekend. A significant number of victims are young between the age of eighteen and twenty-five years. 

In this scenario, the accident fault can be either on the driver or the pedestrian depending on the following factors:


  • When the pedestrian suffers mental or physical impairment after consuming alcohol.
  • Pedestrian misjudgment of the distance from the pedestrian to the vehicle can cause an accident.
  • Pedestrian ignoring the driver after assessing the distance between them.


  • Ignorance of the risks related to high speeding.
  • If the driver is under the influence of alcohol.
  • Inexperienced driver. 

If you have injuries from a road accident, you have the right to seek compensation for any financial, emotional, or physical harm. Don’t hesitate to contact a trusted lawyer for help. Hiring these trusted lawyers is one way to ensure you get compensation for full medical treatment.

In case you are the driver, the lawyer deals with the insurance providers on your behalf as you focus on physical recovery. It’s for such reasons that you are needed to apply the help of a personal injury lawyer in the entire follow up process since they are well versed with the entire situation. 

3. Accidents Involving Children

When children grow, their world expands out to the local roads. Children are vulnerable to injuries when using roads as pedestrians. An accident can occur to them as they are cycling, crossing the street or even playing. This exposure makes them susceptible to accidents. You can hardly find roads designed to fit the needs of children.

In this scenario, the cause of the accident can either be the driver, or the children. The following are some of the examples of when a driver is at fault in an accident involving children.

The driver can have an insufficient perception about the environment. In most cases, drivers will assume that children are away from the road at that particular time they are driving, so they don’t slow down.

In some cases, the driver misinterprets the behaviour of the child. Here, the child could be walking on the sidewalk as they think of crossing the road, but the driver, on the other hand, assumes that the child is still walking and not planning to pass. The mistake of driving through a red light can also cause an accident. The other reason for running a red light is when the driver is driving under the influence of alcohol.

On the other hand, children can be at fault in road accidents when the following happens:

  • Young children below the age of five years attempting to cross a road. Such kids are not supposed to be on their own.
  • Distraction from friends. Children are easily distracted, especially by their mates. The kid’s concentration is said to be shorter; hence, it is easy to lose sight of their purpose in the traffic. When this happens, the fault is on the children and not the driver.
  • When accidents happen with children playing on the road, the blame is on them since it’s not a sensible place for such activity.

In road accidents, parties involved will do their best to disprove their fault. However, this should not hinder you from fighting for your compensation rights. If you believe you are on the right side, you need to contact an experienced lawyer for help. Otherwise, be keen while walking or driving on the road to help curb accidents.