Drivers are expected to exercise more caution where there are pedestrians or in places where pedestrians might be present. However, pedestrians can also be at fault in certain circumstances, and in certain instances, the pedestrian might be even held liable for damages to the car driver and anyone else.

Duty of Care of Car Driver

According to personal injury law, the driver is responsible for exercising reasonable and due care while driving. The driver will be held to a standard that is expected of a normal prudent person under the given circumstances. Normally a prudent person will be extra cautious when he or she is driving near pedestrians and keep the vehicle under solid and stable control.

It is not always the speed that matters but the level of vigilance. For instance, a driver might be travelling at 20 miles an hour and still fail to see a kid who is trying to cross the road ahead. A cautious driver will slow down the car further and wait for the kid to cross.

Responsibility of the Pedestrian

The pedestrian could be held responsible for the accident if he or she acts in an unreasonable manner, which makes it impossible for a careful driver to avoid a collision. For instance, if a driver is travelling at the speed limit, and a pedestrian suddenly runs out onto the road from behind a parked vehicle, the driver cannot be held liable. The driver may not be held liable fully in similar circumstances, even if he or she is travelling above the speed limit. In such a case, both might be considered to be at fault in different degrees.

Secondly, if the pedestrian behaves in an unreasonable manner, which forces a cautious driver to take evasive action and such action causes an accident, then the pedestrian will be held liable for the damages.