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Pedestrian Accidents: When Is The Driver Liable?

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Alicia Dawson

November 20, 2024 5 min read
Pedestrian Accidents: When Is The Driver Liable?

Overview Summary

  • 1Drivers must yield to pedestrians in crosswalks (marked or unmarked).
  • 2Even if you were jaywalking, the driver may still be partially at fault (comparative negligence).
  • 3Children are held to a lower standard of care than adults.
  • 4Injuries are often catastrophic; insurance limits are quickly exhausted.
  • 5Underinsured Motorist (UIM) coverage on your own car policy can cover you as a pedestrian.

Pedestrians have zero protection. When flesh meets steel, the results are tragic. Drivers often blame the victim: 'He came out of nowhere!' We investigate to prove otherwise.

The Myth of Jaywalking

Insurance companies love to deny claims because the pedestrian wasn't in a painted crosswalk. But in many jurisdictions, every intersection is a legal crosswalk, painted or not. Furthermore, drivers have a duty to avoid hitting people, even those breaking the rules.

Finding Extra Coverage

Because pedestrian injuries (broken pelvises, TBIs) are so expensive, the driver's minimum insurance is rarely enough. We look for:

  • Your own UIM auto insurance
  • The driver's umbrella policy
  • Municipal liability (if a traffic light was broken)
Saad Admani

About the Author

Saad Admani is the lead Personal Injury Attorney at Admani Law with extensive experience representing accident victims in NJ. He specializes in fighting insurance claims, negotiating settlements, and advocating passionately for his clients.

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