Pedestrians -- those who walk or use a motorized wheelchair or non-motorized vehicle on public roads -- are a traffic minority, but an extremely important minority. Without the protection afforded by a motor vehicle, seat belt or special equipment, they are at much higher risk than drivers in a crash involving an automobile and a pedestrian. Statistics from the National Highway Traffic Safety Administration showed in 2000 that a pedestrian was injured in a traffic crash every seven minutes. The same report showed that pedestrians accounted for 11.3 percent of all traffic fatalities in 2000.

Pedestrians and Right-Of-Way

Because pedestrians are an especially vulnerable part of our transportation system, they are accorded the right-of-way in most situations by federal and state traffic laws. Although laws differ from state to state, drivers must generally yield the right of way to a pedestrian crossing the road, even if that pedestrian is crossing illegally or without a crosswalk or signal. This is especially true if the pedestrian a seeing-eye dog or a red-tipped cane, indicating that he or she is blind. Most states specifically forbid drivers from passing a car stopped at a crosswalk or a school bus with its red lights flashing. Some also forbid passing a stopped bus, train or streetcar. For specific information, you should consult your state’s department of motor vehicles or transportation.

Responsibilities of Pedestrians

But pedestrians also have responsibilities when interacting with motor vehicle traffic. The most obvious is a responsibility not to step into the path of a vehicle that does not have time to stop safely. Many states specifically forbid this. Because most pedestrian-car accidents happen away from intersections, it is also important that pedestrians avoid entering the street away from a corner or a marked crosswalk, if possible. Pedestrians should stick to sidewalks when possible, use and obey walk signals at intersections that have them, and always stop and look both ways before crossing the street.

Parents must take special care to warn their children about the dangers of traffic. Statistics show that children and teenagers are at the greatest risk for a pedestrian-car accident -- pedestrians aged 15 and under made up 60 percent of all traffic fatalities and 22 percent of all traffic injuries in 2000, according to the NHTSA. And drivers have a legal duty to take special care in the presence of children precisely because they are less predictable and harder to see from a moving car.

If You're Involved in a Pedestrian Accident

If you are in an auto accident involving a pedestrian, do not take blame or assign fault at the scene. Not only can stress and injury bias your perception of who is at fault, but responsibility may not be clear at first. Both the driver and the pedestrian could be considered negligent by a court if they fail to adhere to the “standards of care” -- their legal duties to be careful -- and the result is an accident. For drivers, this means obeying all of the pedestrian safety laws in your area, even the ones that are routinely ignored by other drivers. For pedestrians, that means taking reasonable care for your own safety, even if that means yielding the right of way. And the municipality in which the accident occurred may share some responsibility for the situation.

If you are considering filing a personal injury lawsuit as the result of a car crash, you may wish to contact an automobile accident law firm. An attorney who is knowledgeable about pedestrian and auto accident law can help you determine whether to pursue a personal injury litigation.