Unraveling Liability: Is Fault Automatic for Motorists in Pedestrian Accidents?

While pedestrians crossing the street have the right of way under many circumstances, it doesn’t automatically let them off the hook if they cause a car crash. Unfortunately, a lot of people in Rhode Island are under the false impression that pedestrians always have the right of way when crossing the street. Although a motorist may be at fault or partially at fault for causing a pedestrian crash, there are a few instances where the pedestrian can be found liable for a crash. Here is a brief breakdown of how fault works in motorist-pedestrian accidents, how due care works, and how compensation can be recovered based on liability.

Who Is At Fault In A Crosswalk?

Under Rhode Island Law, pedestrians DO have the right of way within crosswalks – but ONLY if there are no traffic control signals, or if the traffic lights are not on. In every other instance, pedestrians must follow all signs and traffic signals when they are crossing the crosswalk. This means that pedestrians cannot all of a sudden decide to jump out into traffic at a point in the road where a motorists doesn’t have the ability to yield to them in a reasonable manner. Pedestrians are required to cross the street using a marked crosswalk and according to traffic lights whenever and wherever they are working. Pedestrians may cross the street somewhere other than an intersection or crosswalk, but under these circumstances they don’t have the right of way and are required to yield to motorists. If they do not, then they may be found partially to be at fault for an accident.

How Due Care Works 

Most people are aware of the concept of due care with motorists, especially if there are pedestrians on the same road. Motorists must be aware at all times of pedestrians who are intoxicated or children playing on the road and pay special attention, since these types of people may not be careful on the road. If they spot these kinds of pedestrians, it is recommended for the motorist to honk at them to get their attention and avoid hitting the pedestrian. However, pedestrians are also required to exercise due care. If they are not paying attention to their surroundings, intoxicated, jaywalking, or ignoring traffic signs and signals, they may be deemed to be partially at-fault if a motorist strikes them.

Determining Liability In Accidents Involving Pedestrians And Motorists

Pedestrians who were not exercising due care at a crosswalk are not necessarily totally out of luck. A pedestrian being found partially at fault for a collision doesn’t necessarily mean that the motorist can get off scot-free. Rhode Island is a pure comparative negligence state, meaning that the plaintiff in an auto-pedestrian crash case may be able to still recover damages after the percentage of their fault is subtracted. If a pedestrian was found to be 20% at fault for a motorist-pedestrian crash, for example, they may recover 80% of the damages the court awards them. Even if the pedestrian was found to be 90% at fault, there is still the 5% of the damages awarded they can recover. 

Contact Us Today

Pedestrians may be found partially at-fault for crashes, but they may still recover damages depending on the percentage they are at fault. If you or somebody you love was involved in a pedestrian crash, call Tapalian Law to consult with a Rhode Island personal injury attorney today.