Why Are Pedestrians Sometimes Blamed When They’re Struck by Vehicles?

Walking should be one of the safest forms of transportation, yet pedestrians remain some of the most vulnerable road users in Iowa and across the United States. When a collision occurs between a pedestrian and a vehicle, the consequences are often severe for the person on foot, resulting in serious injuries or worse.

Many people assume that drivers are automatically at fault in these accidents. After all, vehicles are much larger, more powerful, and capable of causing significantly more damage. However, the reality of pedestrian accident liability is more complex, and pedestrians are sometimes found partially or even primarily at fault when struck by vehicles.

Why does this happen, and what does it mean for your injury claim if you’ve been hit while walking?

Understanding Liability in Pedestrian Accidents

Determining fault in pedestrian-vehicle accidents involves analyzing the actions of both parties against their legal duties and responsibilities. In Iowa, as in most states, both drivers and pedestrians have obligations to follow traffic laws and exercise reasonable care.

Comparative Negligence in Iowa

Iowa follows a “modified comparative negligence” system with a 51% bar rule. Under this legal framework:

• If you’re injured as a pedestrian, you can recover damages even if you were partly at fault—as long as your fault doesn’t exceed 50%.
• Your compensation will be reduced by your percentage of fault. For example, if you’re found 30% responsible for the accident, your compensation will be reduced by 30%.
• If you’re found to be 51% or more at fault, you cannot recover damages from the other party.

This system means that even partial blame can significantly impact your ability to recover compensation after being struck by a vehicle. But it also means that you might be able to recover compensation if you contributed to the accident.

Common Reasons Pedestrians Are Blamed

Several factors can lead to pedestrians being assigned partial or complete fault in accident cases:

1. Jaywalking or Crossing Against Signals

One of the most common reasons pedestrians face liability is crossing roads illegally. Iowa law requires pedestrians to:

• Obey traffic control signals at intersections
• Use marked crosswalks when available
• Yield the right-of-way to vehicles when crossing outside of crosswalks

When pedestrians cross the street outside of a crosswalk or while a “don’t walk” signal is displayed, they may be considered at least partially liable if struck by a vehicle.

2. Walking While Distracted

The “distracted walking” phenomenon has grown alongside smartphone usage. Pedestrians who are texting, scrolling social media, or even wearing noise-canceling headphones may fail to notice approaching vehicles or traffic signals.

Insurance companies often look for evidence of pedestrian distraction, such as:

• Phone records showing activity at the time of the accident
• Witness accounts of the pedestrian looking down at a device
• Surveillance footage showing distracted behavior

3. Being Under the Influence

Alcohol and drugs can significantly impair a pedestrian’s judgment, reaction time, and awareness of surroundings. According to the CDC, nearly one-third of pedestrians killed in traffic crashes had blood alcohol concentrations above the legal driving limit.

A pedestrian who was intoxicated at the time of an accident may face challenges when seeking full compensation, as insurers will argue that their impairment contributed to the accident.

4. Not Using Crosswalks or Sidewalks

Pedestrians should always use sidewalks when available rather than walking in the roadway. If no sidewalk exists, such as on a highway, pedestrians should walk facing traffic on the far-left side of the road.

Failing to follow these rules—such as walking in the same direction as traffic or in the middle of the road—might result in pedestrians being assigned a percentage of fault if hit by a vehicle.

5. Suddenly Entering the Roadway

Perhaps the most challenging situation for drivers is when a pedestrian unexpectedly darts into traffic, giving the driver little to no time to react. This scenario commonly involves:

• Children chasing balls or toys into the street
• Pedestrians rushing to catch buses or beat traffic
• People exiting between parked cars without checking for oncoming traffic

Even careful drivers may be unable to avoid a collision in these circumstances, which can shift liability toward the pedestrian.

How Insurance Companies Blame Pedestrians to Deny Claims

Insurance adjusters are trained to identify any potential factor that might reduce their company’s liability. When a pedestrian is injured, the driver’s insurance company will thoroughly investigate the circumstances to find evidence of pedestrian fault.

Common tactics include:

• Taking recorded statements and hoping you’ll admit to not paying attention
• Claiming you were outside the crosswalk even if you were very close to it
• Suggesting you were distracted without actual evidence
• Arguing that the driver couldn’t have reasonably avoided you

These tactics are why it’s so important to have strong evidence supporting your case, including:

• Traffic camera or surveillance footage
• Witness statements
• Accident reconstruction expert testimony
• Police reports documenting the accident

What to Do If You’re a Pedestrian Injured in an Accident

If you’ve been struck by a vehicle while walking in Des Moines or elsewhere in Iowa, taking these steps can help protect both your health and your legal rights:

1. Seek immediate medical attention, even if your injuries seem minor at first. Some serious conditions may not show symptoms immediately, and medical documentation creates an official record of your injuries.
2. Gather evidence at the scene if you’re able, including photos of the accident location, vehicle position, traffic signals, and your injuries. Collect contact information from witnesses.
3. Report the accident to police and ensure an official report is filed. Get a copy of this report for your records.
4. Avoid making statements about fault to the driver, witnesses, or insurance representatives. Even saying “I’m sorry” could be interpreted as an admission of fault.
5. Don’t provide recorded statements to insurance adjusters without legal representation.
6. Consult with a personal injury attorney as soon as possible to understand your rights and legal options.

Contact Mueller, Schmidt, Mulholland & Cooling for Legal Help

Even if you believe you may share some responsibility for your pedestrian accident, don’t assume you have no case. Under Iowa’s comparative negligence laws, you may still be entitled to significant compensation if the driver was primarily at fault.

At Mueller, Schmidt, Mulholland & Cooling, our experienced Des Moines pedestrian accident attorneys understand the complexities of pedestrian accident cases. We know how to counter insurance company tactics that unfairly place blame on injured pedestrians, and we fight aggressively to protect our clients’ rights to full and fair compensation.

If you or a loved one has been injured as a pedestrian, contact us today for a free, no-obligation consultation. Let us help you understand your legal options and work toward the justice and compensation you deserve.