Pedestrian Accidents: Who's At Fault? It's Complicated.
by AutoExpert | 31 July, 2025
So someone's walking across the street, gets absolutely demolished by a car, and now everyone's arguing about whose fault it was. Spoiler alert: it's way messier than you'd think.
People Are Getting Killed Out There
Look, 76,000 pedestrians get smashed by cars every year. That's insane. In 2017, almost 6,000 people died just trying to get to the other side of the road. We're talking 16 people a day getting killed for basically walking.

And get this - California, Florida, Texas, New York, and Arizona? They're responsible for nearly half these deaths. I mean, they've got tons of people and traffic, so that tracks. But here's the weird part: almost all the most dangerous states are in the South. New Mexico's the absolute worst, then Florida and South Carolina. Nobody really knows why Southern states are death traps for pedestrians, but the stats don't lie.
Every State Makes Up Their Own Rules
States are freaking out about all these deaths and passing random laws left and right. Problem is, nobody can agree on anything.
Minnesota went completely nuts - if there's a pedestrian anywhere in the road, cars have to stop. Period. Doesn't matter where. Meanwhile, down in Louisiana, drivers only have to care if the person's on their side of the street. Other side? Not their problem.
Massachusetts says stop if someone's within 10 feet of your car. Other places only care if they're in your actual lane. It's like every state just threw darts at a board to decide their laws.

Back in the Day Was Different
Used to be pedestrians and drivers had the same rights. Nobody got special treatment. Those days are long gone. Now most places baby pedestrians, especially at crosswalks, but every state does it differently because why would anything be simple?
Generally, cars are supposed to yield at marked crosswalks and stop signs. But if some genius decides to cross in the middle of nowhere? Good luck with that.
Your Phone Will Get You Killed (Maybe)
This is where things get stupid. Cities everywhere are making it illegal to look at your phone while crossing the street. Honolulu completely lost their minds and banned even glancing at your phone while walking. Like, what if you're checking the time?
There's this thing called a "textalyzer" that cops want to use to see if drivers were texting before crashes. Don't want to hand over your phone? Kiss your license goodbye, just like refusing a breathalyzer.
Here's the kicker though - only like 7% of people who get killed were actually distracted by their phones. Most of the time it's drivers being idiots or not paying attention. But sure, let's blame the person walking.

Blind People Get Special Treatment (Sometimes)
If someone's got a white cane, that's a whole different game. Some states make drivers slam on the brakes, others just want you to be extra careful, and some places don't give a crap. Because consistency is apparently too much to ask for.
What It All Means
The whole "blame the pedestrian" thing is pretty much dead. Laws keep shifting more responsibility onto drivers, which honestly makes sense. A car weighs like 3,000 pounds - it's gonna win every time against some person just trying to cross the street.

So if someone gets hit, don't just assume they screwed up because they weren't in a car. The rules are changing fast, and drivers are expected to actually pay attention now. Crazy concept, right?