Wisehart Wright Trial Lawyers | December 4, 2025 | Pedestrian Accident
Drivers are not always the ones responsible for crashes in Huron. Pedestrians can also cause accidents when they ignore traffic laws or step into the road at the wrong time. When this happens, questions about liability, insurance coverage, and damages work differently from a typical vehicle-on-vehicle crash. Ohio uses a fault-based system, so responsibility depends on the facts.
When Can a Pedestrian Be at Fault for a Car Accident?
Pedestrians must follow traffic laws just like drivers.
A pedestrian may be considered at fault when they:
- Cross outside a crosswalk
- Enter the road suddenly
- Ignore traffic signals
- Walk while distracted
- Step into traffic from behind a parked car
- Cross at night wearing dark clothing
Ohio law requires drivers to yield to pedestrians in crosswalks—marked or unmarked—when the pedestrian is in the driver’s half of the roadway or close enough to be in danger. Pedestrians must obey traffic signals and not dart into the path of a close vehicle.
How Is Fault Decided?
Police reports, witness statements, video footage, and physical evidence help determine who caused the accident. Ohio uses a modified comparative negligence system with a 51 percent bar.
Under this rule:
- A pedestrian who is 51 percent or more at fault cannot recover compensation.
- A driver who is less than 51 percent at fault can still recover damages, but the amount is reduced by their share of fault.
Fault may be shared when both sides made mistakes. For example, a pedestrian may have crossed illegally, but a driver may have been speeding or distracted.
Insurance Coverage When a Pedestrian Causes a Crash
If the pedestrian is at fault, their insurance may help cover damages, depending on what policies they have. Coverage options can include:
Homeowner’s or renter’s insurance
These policies sometimes cover liability for injuries caused by the policyholder outside the home. If the pedestrian’s actions caused the accident, these policies may help pay for the driver’s damages.
Health insurance
This covers the pedestrian’s own medical bills, but it does not pay for the driver’s losses.
Auto insurance
Pedestrians usually do not have auto liability protection if they are not driving, but their uninsured/underinsured motorist coverage may apply in rare situations.
Driver’s insurance
Drivers often still use their own insurance first. Collision coverage pays to repair the driver’s vehicle regardless of fault. The insurer may later pursue reimbursement from the pedestrian.
What Drivers Can Recover After a Pedestrian-Caused Crash
Damages depend on the severity of the accident and the available insurance. Ohio allows injured people to recover compensatory damages.
Recoverable losses can include:
- Medical bills
- Lost wages
- Vehicle repair or replacement
- Pain and suffering
- Long-term care costs
Punitive damages may apply only in extreme cases involving reckless or intentional acts, described in R.C. 2315.21.
Most pedestrian-caused crashes do not involve punitive damages, since they require more than ordinary negligence.
When the Pedestrian Is Injured Too
A pedestrian who contributed to the accident may still receive compensation if they were less than 51 percent responsible. The amount they receive is reduced by their share of fault. For example, a pedestrian found 30 percent at fault would receive 70 percent of their damages.
What Happens if the Pedestrian Runs Into a Moving Car
Some accidents happen when a pedestrian walks or runs directly into the path of a car. In these cases, the driver may have little or no time to react.
Fault is more likely to fall on the pedestrian, especially when:
- The driver had a green light
- The pedestrian crossed outside a crosswalk
- Visibility was poor
- The driver was traveling at a safe speed
Evidence is important. Photos of the scene, surveillance video, and statements from bystanders can help determine what happened.
Contact the Huron Pedestrian Accident Attorneys at Wisehart Wright Trial Lawyers for Help Today
When a pedestrian causes an accident, they can be held legally responsible for injuries and property damage. Drivers may recover compensation through the pedestrian’s insurance, the driver’s own coverage, or a combination of both. Each case depends on the facts, available evidence, and insurance coverage.
If you’ve been injured as a pedestrian in a car accident, Wisehart Wright Trial Lawyers is here for you. Our experienced Huron pedestrian accident lawyers will fight to get the compensation you deserve. Contact us today for a free consultation.
For more information, contact the Huron personal injury law firm of Wisehart Wright Trial Lawyers to schedule a free initial consultation.
We have six convenient locations in Ohio: Sandusky, Mansfield, Port Clinton, Vermilion, Norwalk, and Huron.
Wisehart Wright Trial Lawyers – Sandusky
502 W Washington St,
Sandusky, OH 44870
(419) 625-7770
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6 W 3rd St Suite 200 B,
Mansfield, OH 44902
(419) 910-2605
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132 Madison St,
Port Clinton, OH 43452
(419) 871-3995
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1513 State Rd,
Vermilion, OH 44089
(440) 967-6136
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13 Whittlesey Ave,
Norwalk, OH 44857
(419) 863-5922
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202 Cleveland Rd W unit 1
Huron, OH 44839
(419) 827-5884