Pedestrian accidents are often thought of as situations where the driver is automatically at fault, but that’s not always the case. In Connecticut, pedestrians can sometimes be held responsible for causing or contributing to car accidents. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are injured in accidents each year, and not all of them occur solely due to driver negligence. Understanding how fault is determined in these situations can help protect your legal rights and ensure that you are fully informed if you or a loved one are involved in such an accident.

It’s important to recognize that while drivers have a duty to avoid causing harm, pedestrians must also take reasonable steps to ensure their own safety. Whether you’re walking or driving, knowing the rules of the road can help prevent accidents and reduce the chances of being held liable. If you’ve been involved in a pedestrian accident, consulting a knowledgeable attorney who understands Connecticut's laws can be essential to protecting your rights and securing the compensation you deserve.

Can a Pedestrian Be Found at Fault in a Car Accident in Connecticut?

Yes, a pedestrian can be found at fault in a car accident in Connecticut. While drivers are often assumed to be responsible for pedestrian accidents, there are specific circumstances where pedestrians may be held liable for causing or contributing to a crash. Pedestrians are expected to follow traffic laws just like drivers. If a pedestrian disobeys these laws by jaywalking, crossing outside of a designated crosswalk, or ignoring traffic signals, they could be considered at fault or partially responsible for the accident.

While drivers are typically expected to yield to pedestrians, there are several common reasons why pedestrians may be deemed responsible for causing an accident.

1. Jaywalking: One of the most frequent reasons pedestrians are found at fault is jaywalking, which occurs when a pedestrian crosses the street outside of a designated crosswalk or against traffic signals. When a pedestrian crosses unexpectedly in a location where drivers don’t anticipate foot traffic, the likelihood of a collision increases.
2. Ignoring Traffic Signals: Pedestrians are required to follow traffic signals, just like drivers. If a pedestrian crosses the street when the signal indicates "Don't Walk," they may be putting themselves in harm’s way. Failing to obey these signals can lead to dangerous accidents and result in the pedestrian being found at fault.
3. Distracted Walking: Just as distracted driving can cause accidents, distracted walking is a growing issue. Pedestrians who are texting, talking on the phone, or wearing headphones may not be fully aware of their surroundings, which can lead them to walk into oncoming traffic and cause an accident.
4. Walking While Intoxicated: Alcohol or drug impairment affects a pedestrian’s judgment and coordination, making it difficult for them to navigate streets safely. Impaired pedestrians may stumble into traffic, misjudge the speed of cars, or fail to follow basic road safety rules.

When a pedestrian's negligent actions cause or contribute to an accident, they may be found fully or partially at fault under Connecticut’s comparative negligence laws. In such cases, pedestrians can be held liable for damages, and their compensation may be reduced based on their share of responsibility.

When Do Pedestrians Have the Right of Way in Connecticut?

Since 1929, Connecticut has implemented laws to protect pedestrians in crosswalks by granting them the right of way. All vehicles, except emergency vehicles, must yield to pedestrians when they are in a marked crosswalk, waiting at the curb to enter a crosswalk, or when there is no traffic signal and the pedestrian has a green light or walk signal. Additionally, pedestrians have the right of way on sidewalks crossed by driveways where vehicles are waiting to enter.

When Pedestrians Must Yield

In some situations, a pedestrian must yield the right of way to a driver. For instance, an emergency vehicle with its sirens on or lights flashing has priority over a pedestrian. Similarly, a pedestrian does not have the right of way when crossing diagonally at an intersection, stepping onto a street without a crosswalk, or entering the path of a vehicle without allowing the driver sufficient time to yield.

When and Where Is a Pedestrian-Involved Accident Most Likely to Occur?

While pedestrian accidents can occur anywhere, they are more likely in certain areas than others.

• Over 75% of incidents where pedestrians are struck by vehicles occur in urban areas.
• More than 70% of these accidents happen outside of designated crosswalks.
• More than half of pedestrian accidents occur at night.
• Pedestrians are more often struck by the front of a vehicle rather than its rear or sides.
• Most pedestrian accidents involve cars or light trucks.

What Are the Most Common Injuries in a Pedestrian Accident?

When a pedestrian is hit by a car, their injuries are often severe. Common injuries in pedestrian accidents include:

• Broken bones
• Cuts, lacerations, and bruises
• Damage to internal organs
• Death
• Facial and dental injuries
• Head injuries
• Paralysis
• Spinal cord injuries
• Traumatic brain injuries (TBI)

How Is Fault Determined in Pedestrian Accidents in Connecticut

In Connecticut, fault in pedestrian accidents is determined through a thorough investigation of the circumstances surrounding the incident. Both the pedestrian's and the driver’s actions are closely examined to assess who was negligent and to what extent. Connecticut operates under a modified comparative negligence system, which means that fault can be shared between both parties, and the degree of fault directly impacts potential compensation. If either party is found to have violated traffic laws or acted recklessly, they may be assigned a percentage of the fault for the accident.

To determine fault, authorities and legal representatives often gather evidence such as police reports, witness statements, traffic camera footage, and any relevant physical evidence from the scene. For example, if a pedestrian was jaywalking, crossing against a traffic signal, or engaging in distracted walking (such as texting while crossing), they may be found partially or fully responsible for the accident. Likewise, if the driver was speeding, distracted, or failed to yield at a crosswalk, they may bear the majority of the fault.

How Does Connecticut’s Comparative Negligence Law Impact a Pedestrian-Involved Car Accident Claim?

Connecticut follows a modified comparative negligence rule, which plays a significant role in determining fault and compensation in pedestrian-involved car accidents. Under this rule, both the pedestrian and the driver can share responsibility for the accident, and the amount of compensation either party can recover depends on their percentage of fault. Specifically, if a pedestrian is found to be partially at fault—such as by jaywalking, crossing against a signal, or being distracted while crossing—they can still recover damages as long as they are less than 51% responsible for the accident. However, their compensation will be reduced in proportion to their percentage of fault. For example, if the pedestrian is found to be 30% at fault for the accident, their compensation would be reduced by 30%, meaning they would receive 70% of the total awarded damages. If they are found to be 51% or more at fault, they are barred from receiving any compensation. This system aims to fairly distribute liability based on the actions of both the pedestrian and the driver, holding each party accountable for their role in the accident while allowing injured parties to seek compensation when they are not primarily at fault.

How Can a Lawyer Help Strengthen My Case After a Pedestrian-Involved Car Accident in Connecticut?

A lawyer can be an invaluable asset in strengthening your case after a pedestrian-involved car accident in Connecticut. Whether you are the pedestrian or the driver, navigating the legal complexities of these accidents can be challenging, and having experienced legal representation can significantly improve your chances of a favorable outcome. Here’s how a lawyer can help:

1. Gathering Evidence: One of the most critical steps in any accident case is gathering and preserving evidence. A lawyer can obtain police reports, gather witness statements, and secure any available traffic camera footage or photos from the scene. This evidence is key to proving fault and building a strong case, especially in Connecticut, where comparative negligence laws may apply.
2. Proving Negligence: A lawyer will help you establish whether the other party was negligent. In pedestrian accidents, this could involve showing that the pedestrian was jaywalking, distracted, or crossing against a signal. If you're a pedestrian, they will work to demonstrate that the driver was speeding, distracted, or otherwise negligent in their actions. Lawyers know how to frame evidence and present it effectively to prove liability.
3. Navigating Comparative Fault: Connecticut’s modified comparative negligence system means that fault can be shared between both parties. A lawyer can help minimize your percentage of fault, maximizing the compensation you may be entitled to. They will argue on your behalf to ensure that the other party’s responsibility is clearly established.
4. Handling Insurance Companies: Dealing with insurance companies can be stressful and complex. Insurers may try to downplay your injuries or offer low settlements. A lawyer will negotiate with the insurance companies on your behalf, ensuring you receive fair compensation for medical bills, lost wages, and pain and suffering.
5. Maximizing Compensation: A lawyer will ensure that all aspects of your damages are considered, from immediate medical expenses to long-term impacts like rehabilitation costs and emotional distress. They will fight to secure the maximum compensation you deserve, whether through a settlement or in court.

By working with a skilled attorney, you’ll have a knowledgeable advocate to guide you through the legal process, protect your rights, and build the strongest case possible to help you recover from your injuries and move forward.

Pedestrian Accidents Can Be Complicated. Brandon J. Broderick, Attorney at Law, is Available to Assist You. Free Legal Consultation Available

If you’ve been injured in a pedestrian-involved car accident, we understand how overwhelming the road to recovery can be. Brandon J. Broderick, Attorney at Law, is committed to standing by your side during this difficult time, offering compassionate and personalized legal support. You deserve to focus on healing while we fight for the compensation you need to cover medical bills, lost wages, and the emotional toll of your injuries. Let us handle the legal complexities so you can concentrate on what matters most: your recovery.

Contact us today for a free consultation and take the first step toward the justice and compensation you deserve.