When a pedestrian is hit by a car, people might assume the driver is automatically at fault. But in Alabama, determining fault in an accident isn’t always that simple. While pedestrians have the right to walk safely on and near roads, they also have a legal duty to follow traffic laws and avoid putting themselves in harm’s way.

So, can a pedestrian be at fault in an accident? The answer is yes, and it all depends on the context of the case and how the pedestrian acted.

Understanding how fault works in pedestrian accidents is good knowledge to keep in mind, and it’s especially important for injured pedestrians who are worried about whether they can receive compensation.

What Is Negligence and How Does It Apply?

At the heart of most personal injury claims is the concept of negligence. In simple terms, negligence occurs when someone fails to take reasonable care to avoid harming others.

For drivers, this could mean speeding, running a red light, or texting while driving. For pedestrians, negligence can include jaywalking, disobeying traffic signals, or entering the roadway without checking for oncoming vehicles.

To win compensation after a pedestrian accident, the injured person must usually prove:

• The driver owed them a duty of care.
• The driver breached that duty.
• The breach caused the accident.
• The pedestrian suffered actual injuries or losses.

However, if the pedestrian also acted negligently and that negligence contributed to the accident, the outcome may change under Alabama law.

When Can Pedestrians Be at Fault?

While drivers are often the primary cause of pedestrian accidents, there are situations where pedestrians can share or bear full responsibility. Here are some common examples of pedestrian behavior that may be considered negligent:

• Jaywalking: Crossing the street outside designated crosswalks or intersections is a common form of pedestrian negligence.
• Ignoring Walk Signals: Stepping into the road when the “Don’t Walk” sign is flashing can put pedestrians at risk and may result in fault.
• Walking While Distracted: Looking at a phone, wearing noise-canceling headphones, or being distracted can prevent pedestrians from noticing oncoming traffic.
• Crossing Highways or Restricted Roads: Pedestrians are generally prohibited from walking on highways or interstate ramps. Doing so is dangerous and can make them legally liable for accidents.
• Suddenly Entering the Roadway: If pedestrians dart into traffic without giving drivers a reasonable chance to stop, they may be held responsible for the collision.

Alabama’s Contributory Negligence Rule

Alabama follows one of the strictest legal doctrines in the country regarding personal injury claims: pure contributory negligence. Under this rule, if an injured pedestrian is found to be even 1% at fault for the accident, they are barred from recovering any compensation.

This means that even if a driver was mostly to blame, say, 95%, but the pedestrian was 5% at fault for stepping into the road at the wrong time, they may receive nothing.

Because of this rigid rule, it’s essential for pedestrians in Alabama to be cautious and to work with an experienced Alabama pedestrian accident lawyer who can investigate the case, collect evidence, and argue against any claims of shared fault.

How Pedestrians Can Stay Safe and Legally Protected

While you can’t always control what a driver does, you can take steps to reduce your risk of being in an accident and protect your legal rights if one does happen.

Here are some practical tips:

• Use crosswalks and sidewalks whenever they’re available.
• Obey traffic signals, including “Walk” and “Don’t Walk” signs.
• Stay alert by putting phones away and removing headphones when crossing streets.
• Avoid walking on high-speed roads that are not meant for pedestrian traffic.
• Make eye contact with drivers before crossing in front of them.

Taking these precautions helps pedestrians stay safe and strengthens their legal case if a negligent driver causes an accident.

Get Legal Help After a Pedestrian Accident

Even if you were injured while walking, don’t assume the law is automatically on your side. In Alabama, proving that you were not at fault is critical to recovering damages for your medical bills, lost wages, and pain and suffering.

At The Vance Law Firm Injury Lawyers, our Alabama pedestrian accident lawyers understand the stakes. We’ll investigate your accident thoroughly, push back against unfair blame, and negotiate for the maximum compensation you deserve.

Contact us today for a free consultation. Let’s discuss your case and how we can help you win compensation.