When is a pedestrian at fault for a car accident?

Pedestrian accidents are often assumed to be the driver’s fault. That is not always the case. Sometimes a pedestrian’s actions can contribute to a collision or even cause it. Understanding when a pedestrian is at fault for a car accident is important for anyone involved in a pedestrian crash in Tennessee.

If someone is injured in a pedestrian accident, the car accident attorneys at Weir & Kestner support clients throughout Murfreesboro, Nashville, and Smyrna. A Murfreesboro car accident lawyer helps individuals understand how Tennessee law determines fault and what to do if they were hit by a car or accused of contributing to the accident.

Pedestrian responsibility under Tennessee law

Under Tennessee law, drivers and pedestrians share responsibility for preventing accidents involving vehicles and foot traffic. While drivers must exercise due care and yield when required, pedestrians also have duties to protect themselves and others. Pedestrians are expected to:

• Use designated crosswalks or intersections when crossing a street
• Follow all traffic signals and cross only when indicated by a “Walk” sign
• Stay alert to surrounding traffic and avoid distracted walking
• Walk on sidewalks when available or, if none exist, on the left side of the roadway facing oncoming traffic
• Avoid entering restricted areas such as interstate highways or bridges where pedestrian access is prohibited

Failing to follow these basic safety rules doesn’t automatically make a pedestrian at fault, but it can be a factor in determining whether their actions contributed to the accident.

When a pedestrian is at fault

A pedestrian is at fault when their negligence directly causes or contributes to a collision. Examples include:

• Jaywalking or crossing in the middle of the street rather than at a marked intersection
• Ignoring traffic signals
• Entering traffic abruptly, leaving a driver no reasonable time to stop
• Walking while impaired by alcohol or drugs
• Darting out between parked cars or buses where visibility is limited
• Failing to wear visible clothing in dark conditions

In these situations, the pedestrian’s behavior increases the risk of car accidents and may reduce or eliminate their ability to recover compensation.

Shared fault and comparative negligence

Tennessee follows a modified comparative negligence system, meaning the court or insurance adjuster can divide fault among parties. A person can only recover damages if they’re less than 50% at fault for the accident. If both the driver and the pedestrian made mistakes, a court or insurer will determine how much each party contributed to the accident.

A pedestrian is at fault to the degree that their actions or inactions violated traffic laws or failed to meet the standard of reasonable care, and this directly caused or contributed to the accident. Understanding shared fault is essential because it affects how much compensation a person may receive or whether they can recover at all.

The role of evidence in determining fault

Proving fault in pedestrian accidents requires compelling evidence. Insurance companies and personal injury attorneys will examine all available information, including:

• Witness statements: Witnesses can clarify who had the right of way or whether either party ignored traffic laws.
• Police reports: Officers record details about road conditions, traffic control devices, and initial fault assessments.
• Surveillance or dash cam footage: Video evidence can show if a pedestrian was in a crosswalk or stepped into traffic.
• Accident reconstruction: Experts can analyze skid marks, impact points, and visibility to determine how the crash occurred.
• Cell phone data: Phone or text records can be crucial if distracted driving or distracted walking played a role.

Insurance companies aim to minimize payouts, so having an experienced pedestrian accident lawyer is vital to fully representing your side of the story.

How a Murfreesboro car accident attorney can help after a pedestrian accident

Insurance companies often seek ways to blame the pedestrian to minimize their payout. Even if a pedestrian isn’t in a designated crosswalk, a driver must still maintain a safe speed and try to avoid a collision. If the driver was speeding, impaired, or engaging in distracted driving, they’re likely to hold the majority of the fault. Our skilled attorneys will conduct a thorough, independent investigation. We can help you:

• Gather and analyze all evidence
• Interview witness statements to establish the driver’s speed and level of attention
• Consult with accident reconstruction experts to prove the driver’s negligence was the primary cause

Our goal is to demonstrate that the driver’s negligence was greater than the pedestrian’s, helping a client injured in a pedestrian accident to recover the maximum possible compensation under the state’s modified comparative fault system.

Contact Weir & Kestner today

Determining fault after a pedestrian-car accident can be complicated. Both drivers and pedestrians have legal duties, and understanding how those responsibilities apply in your case is critical. Before accepting an insurance company’s conclusion about fault, have your situation reviewed by our Murfreesboro car accident lawyers, who understand how Tennessee law evaluates these claims.

If you or a loved one has been involved in a pedestrian accident and there are questions about shared fault, our team can help you navigate the process and make informed decisions about your next steps.

Contact Weir & Kestner at (615) 220-4180 to schedule a free consultation with an experienced pedestrian accident lawyer in Murfreesboro.