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Pedestrian Accidents & Comparative Fault

Pedestrian crashes are among the most dangerous on the road, and the claims hinge on a single question: who was at fault, and by how much? The answer can change your recovery dramatically depending on your state’s negligence rule.

The stakes are high

Pedestrians have no protection in a collision. CDC and NHTSA data show thousands of pedestrians are killed and tens of thousands injured on U.S. roads each year, with many crashes occurring after dark and away from intersections. Injuries tend to be serious, which makes the fault analysis especially consequential.

Comparative vs. contributory negligence

• Comparative negligence (most states): your recovery is reduced by your share of fault. If you were 20% at fault, you recover 80% of your damages. "Modified" versions bar recovery once you cross 50% or 51%.
• Contributory negligence (a handful of states and D.C.): being even 1% at fault can bar recovery entirely — an extremely harsh rule that makes the fault fight existential.

What the fault fight turns on

Insurers commonly argue the pedestrian darted out, crossed against the signal, or wasn't in a crosswalk. Evidence answers it: the crosswalk and signal status, lighting, vehicle speed, witness accounts, and any traffic-camera or dashcam footage. Right-of-way is not automatic for either side — it depends on the facts.

Protect yourself after the crash

Get the police report, identify witnesses, photograph the crossing and signals, and get medically evaluated promptly — serious pedestrian injuries (including head injuries) can be masked at first. In a contributory-negligence state especially, avoid statements that concede any fault before getting advice.

Sources & further reading

• CDC — Pedestrian Safety
• NHTSA — Pedestrian Safety
• r/legaladvice