Who is Responsible for a Car Accident?

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Who is Responsible for a Car Accident?

Responsibility may be shared by both the driver and the pedestrian under some situations.

Utah is a growing state, not only in terms of our overall population but with the number of visitors we get each and every year.  As with any kind of a growing area, more people means more accidents.  We are writing this article to specifically talk about accidents that involve car accidents and pedestrians.  There are many situations that can result in someone being struck by a vehicle while walking on the street or sidewalk.  Numerous fatalities involve pedestrians that cross streets illegally, for example walking outside the crosswalk, in between vehicles, or against traffic signals.  Many agencies have taken it upon themselves to provide education to promote the threats of jaywalking or walking while distracted.

Sources of Pedestrian Auto-Accidents

Pedestrian related auto-accidents make up about 10 percent of yearly traffic deaths in Utah each and every year.

According to the Utah Division of Transportation, a lot of these types of accidents don’t occur at crossways.  Causes of such crashes consist of narrow, winding roadways with restricted exposure, defective roads as well as in parking areas.  This can also include bad roadway maintenance, inadequately designed pathways, and any area that is meant to be used for walking.

A boost in the popularity of large vehicles such as trucks and SUVs have also lead to an increase in pedestrian-related accidents.  This is largely due to the fact that these vehicles have significant blind spots and longer stopping distances that various, smaller passenger vehicles.  Distracted driving or walking because of smartphone usage has also been on the rise.

In a 2018 spotlight on freeway safety provided by the Governors Highway Safety and Security Management reports that a lot of pedestrians are killed in neighborhood roadways after dark.  Nighttime accidents represent more than 90 percent of the increase in pedestrian fatalities recorded over the last ten years.  The driver, the pedestrian, or both were hindered by alcohol in over 50 percent of the collisions that resulted in death.

More information about pedestrian accidents

The legislation does not instantly blame the vehicle operator who strikes a pedestrian.  Pedestrians might also be responsible for a crash if they show negligence that leads to the accident in one way or another.  This typically happens when one or all of the following actions have taken place:

  • Putting on dark clothing while strolling on a street after dark.
  • Jaywalking as opposed to utilizing the crosswalk.
  • Walking on the road while impaired by drugs or alcohol.
  • Being inattentive while crossing a road, for instance by texting or talking on a cellular phone.
  • Walking along bridges, walkways, or other areas where indications specify that pedestrians are banned.
  • Going into a crosswalk without given notice by the crossing signal.

Have you or a loved one been involved in a pedestrian accident?

Responsibility can be shared by both the driver and the pedestrian.  It can be quite a challenging endeavor to build a strong case to show who was at fault and who can legally seek compensation for their injuries.  When the stakes are high it is important to have an experienced injury attorney on your side.  This can include accident reconstruction and working with experts to determine the circumstances that lead to the accident.  If you or a loved one has been injured and believes it was due to the negligence of another, you may have legal options.  Call our office at (801) 590-3275 or use the contact page to speak with a legal professional or schedule a consultation.


The information provided on this website is for informational purposes only.  This website contains general information relating to areas of law familiar to our firm.  The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such.  Participation on this website does not create any kind of attorney-client relationship.  If you need legal advice or representation, please contact my office and I would be pleased to discuss your case with you and see if my firm can help


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The Law Offices of Roberto Hernandez is here to represent injured individuals throughout of all Utah. This includes accidents such as car crashes, motorcycle accidents, trucking incidents, dog bites, and pedestrian accidents.


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