Have you ever heard that “pedestrians always have the right-of-way”? Although it is true that motor vehicles should yield to any pedestrian in the roadway, legally or not, it is not true that pedestrians are never at fault. Drivers have a duty to keep a lookout for pedestrians but that does not mean that a pedestrian cannot be at fault. Pedestrians in the roadway also have a duty to watch out for their own safety, and their failure to do so can bar or reduce their recovery against the driver.
A pedestrian crossing the street between intersections without a designated crosswalk; walking in the roadway with traffic rather than against traffic, and being in the roadway in the dark can all be reasons why pedestrians may be more at fault for causing his/her own injuries than the driver.
The circumstances of such accidents mean everything with regards to who was more at fault. If you are involved in a motor vehicle/pedestrian accident it is especially important to get the names and contact information of any witnesses that may support your perception of the accident and contact Garrison Law Firm to review your legal options.