What Happens if a Pedestrian Caused an Accident in Rhode Island?

What happens if a pedestrian caused an accident in Rhode Island? Jaywalking, ignoring traffic signals, or walking in restricted areas may be evidence of a pedestrian’s negligence and liability, though any compensation for damages may be subject to Rhode Island’s pure comparative negligence rule. Recovering damages from a pedestrian may present an additional challenge. 

For a legal opinion on a specific case in which a pedestrian may have caused an accident, consult our Rhode Island car accident lawyer. 

Negligence and Pedestrian Liability for Accidents in Rhode Island

Liability typically depends on establishing negligence; in this example, it refers to any degree of fault a pedestrian may be found to have. To show that the pedestrian was negligent, you must address the four elements that constitute negligence, namely:

Duty of Care

Pedestrians have a legal obligation to exercise reasonable care and act safely. This includes obeying traffic signals, using designated crosswalks where required, and avoiding stepping into traffic in a way that endangers others. 

Breach

Despite being able to avoid behavior that a reasonable person would recognize as dangerous, the pedestrian engaged in it. For example, they crossed against a traffic signal, stepped into the road unexpectedly, or walked on a restricted roadway.  

Causation

As a direct result of the breach, the pedestrian caused the accident. A pedestrian who crossed improperly may not have caused the accident at all, or they may have contributed to it. 

This is often the most contested element. For example, a pedestrian may have crossed improperly, but if a driver was speeding or distracted, the driver’s actions may also be a contributing cause.

Damages

Actual damages, whether it is property damage or injuries, are the final element when seeking to show negligence and hold a pedestrian liable. 

In short, a pedestrian’s mere presence in the roadway, even if unsafe, is not always enough to prove they caused the accident or are legally liable.  

Comparative Negligence When a Pedestrian Causes an Accident 

Questions regarding whether the pedestrian was the only liable party are likely part of what happens if a pedestrian causes an accident in Rhode Island. Per R.I. Gen. Laws § 9-20-4, everyone who shared fault in an accident must pay their share of the damages. Consider the following example:

Suppose a pedestrian is considered 70% at fault, and one vehicle was involved in the accident. The motorist would be liable for 30% of any damages the pedestrian suffered, and the pedestrian would be responsible for 70% of the motorist’s damages.

Even if the pedestrian was initially at fault, other factors may have contributed to the crash. For example, the driver was distracted and failed to react quickly enough, or was speeding, limiting their ability to avoid a collision. Unlike most other states, Rhode Island does not bar recovery based on a specific fault threshold. 

Jaywalking and Liability in Rhode Island Accidents

When pedestrians are among the at-fault parties in an accident, violations like jaywalking may be central to the case. However, jaywalking does not automatically establish liability. At the same time, it is evidence of negligence and may lead to a finding that the pedestrian is at fault or shares fault. 

Courts will consider whether the pedestrian’s violation caused the accident, and whether the driver could have avoided a collision. Factors like reaction times and visibility conditions may contribute to their findings. 

There are also circumstances in which pedestrians are less likely to be assigned a high degree of fault, even if they were distracted and got in the way of traffic. For example, when determining who is at fault in a parking lot accident, the expectation is that a motorist should have known that pedestrians may have been present 

Causation as a Contested Issue When Pedestrians Are Accused of Causing an Accident

If you believe that a pedestrian caused an accident in Rhode Island, you will not only have to show that they acted improperly, but also that their action caused the accident. This is often the most disputed point because:

• Multiple factors may have contributed to the crash
• Drivers must exercise reasonable care
• Speed, visibility, and reaction times are taken into account

Because of all the variables that contribute to rulings on who caused an accident, witness testimony, expert analysis, and even accident reconstruction may play a role in determining who was at fault and to what degree. The aim is always to assign fault fairly and proportionately. 

What Happens if a Pedestrian Causes an Accident in Rhode Island and is Liable For Damages

So far, we have only considered circumstances in which a pedestrian may be found liable for causing or contributing to an accident. However, recovering compensation may be among a motorist’s primary concerns when a pedestrian is liable. For example, they may want to know who covers medical bills after the car accident.  

If the pedestrian carries personal liability insurance, it may cover this eventuality up to policy limits. When a pedestrian does not carry relevant insurance, their personal assets may be the only source of recovery, severely limiting the amount available. 

As a result, the motorist may need to rely on their own collision coverage for property damage and their own health insurance for medical expenses. From a legal perspective, a pedestrian who is 70% at fault in an accident should pay 70% of the motorist’s damages. From a practical perspective, collection limitations apply. 

A Lawyer Can Help You Explore Your Options For Recovery

If you caused an accident as a pedestrian, there is still a chance that liability may be shared, allowing you to recover compensation under Rhode Island’s laws. If you are a motorist, you may need help identifying possible sources of compensation for your damages. 

Gemma Law has served Rhode Island for over 48 years, and our experienced lawyers may help clarify the situation. If you have questions about what to do or what happens if a pedestrian causes an accident in Rhode Island, reach out to our team for advice.