Denlea & Carton


May 11, 2021

Can the Pedestrian Be at Fault in a Car Accident?

Determining Liability When Someone Is Hurt in a Pedestrian Accident

As is the case in many accident cases, more than one party might share part of the blame if a pedestrian is struck by a car. Determining who is liable, or “at fault” in a pedestrian accident can be difficult without the help of an experienced attorney.

At Denlea & Carton, our attorneys assist injury victims, and their families obtain compensation for their losses. Our experienced lawyers have helped recover over $100 million for our clients. We offer a free case evaluation and can come to you at no cost. There are never any fees unless we win. Contact our office at (914) 873-1404 to discuss your claim.

Who Is at Fault in a Pedestrian Accident?

While there are some cut and dry pedestrian accidents where one party is clearly at fault, there is often culpable conduct on both sides, which results in the accident. If you are involved in a pedestrian accident, it is important to consult with an attorney as soon as possible.

Examples of when a pedestrian may be at fault for an accident:

  • Jaywalking
  • Walking outside of a marked crosswalk
  • Walking while texting
  • A pedestrian who is under the influence of alcohol or drugs
  • Crossing against traffic
  • Walking where pedestrian access is prohibited

If a pedestrian is partially at fault, can they still receive compensation?

Under New York law, an injury victim may still recover damages even if they are partially at fault for the accident. According to Civil Practice Law & Rules (CVP) Section 1411, damages are still recoverable even if contributory negligence or assumption of the risk is established.

In cases where a pedestrian’s conduct is found to have contributed to their injuries, they can still recover compensation from another party. However, the amount of damages they receive will be diminished according to their culpability.

Known as a comparative negligence standard, a pedestrian is not barred from recovery because of their own negligence if there is another party that was also responsible for their injuries.

Why Hire an Attorney?

If you are injured in a pedestrian accident, an attorney can help to establish who was at fault for the accident. By establishing responsibility, you can pursue a claim of damages against a liable party and receive compensation for your losses. Without the help of an attorney, you may not be able to recover the money that you deserve based on your injuries.

Injured in a Pedestrian Accident? Contact Our Office!

Whether you believe that you were partially at fault for the accident or that another party was solely responsible, we may be able to help you get the compensation you deserve. Call Denlea & Carton at (914) 873-1404 for a free consultation. You pay no attorneys’ fees unless we win.

Get dedicated legal representation from attorneys with over 100 years of combined experience. We have a successful track record of recovering the maximum compensation allowed for our clients. Never settle for less; get more with Denlea & Carton.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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