Fatal pedestrian accidents occur when a motor vehicle strikes a pedestrian and the collision results in death. These cases fall under wrongful death and survival law, but they are legally distinct from other fatal motor vehicle accidents because pedestrians are non-motorized road users owed heightened legal protections.

Pedestrians lack any physical protection against motor vehicles, making even moderate-speed collisions potentially fatal. As a result, fatal pedestrian accident cases often focus on driver awareness, right-of-way obligations, roadway design, and visibility conditions at the time of the crash.

This page explains how fatal pedestrian accident claims are evaluated, how liability is determined, and what legal considerations commonly arise when a pedestrian is killed in a traffic collision.

Fatal pedestrian accidents frequently occur in situations involving:

• Failure to yield at crosswalks or intersections
• Speeding in pedestrian-heavy areas
• Distracted driving
• Impaired driving
• Poor visibility due to lighting, weather, or roadway design
• Vehicles turning through crosswalks

In many cases, pedestrian deaths occur in areas where drivers are legally required to anticipate foot traffic.

Liability in fatal pedestrian accidents centers on whether the driver breached a duty of care owed to pedestrians. Establishing fault typically involves evaluating:

• Right-of-way laws and crosswalk regulations
• Traffic signal timing and signage
• Vehicle speed and stopping distance
• Driver attentiveness and impairment
• Environmental conditions such as lighting and sightlines

Evidence commonly includes police reports, witness statements, surveillance footage, vehicle data, and accident reconstruction analysis. Comparative fault arguments may arise but are often limited by pedestrian protection statutes.

Fatal pedestrian accident cases typically involve:

• Wrongful death claims, which compensate surviving family members for financial and emotional losses
• Survival actions, which may address damages suffered by the pedestrian prior to death, depending on state law

Who may bring these claims and what damages are recoverable depends on jurisdiction-specific statutes governing wrongful death and survival actions.

Damages in fatal pedestrian accident claims may include:

• Loss of financial support and future earnings
• Loss of companionship, guidance, or care
• Funeral and burial expenses
• Medical costs incurred before death
• Conscious pain and suffering, where permitted

Because pedestrians often include children or elderly individuals, damages analysis may differ from other fatal motor vehicle accident cases.

Insurance coverage in fatal pedestrian accident cases may involve:

• Liability coverage carried by the at-fault driver
• Uninsured or underinsured motorist coverage
• Coverage under a pedestrian’s own auto policy, where applicable

Disputes may arise when drivers are uninsured, underinsured, or unidentified, including in hit-and-run scenarios.

Fatal pedestrian accidents are one category within fatal motor vehicle accident law. Related fatal accident types include:

Each category involves different legal considerations based on the victim’s role and the vehicle involved.

The following articles explore issues commonly associated with fatal pedestrian accident claims:

Involving a lawyer is critical after a fatal pedestrian accident due to the complexity of liability issues and insurance disputes, especially when:

• Fault is disputed or unclear
• The driver claims the pedestrian was at fault
• Insurance coverage is limited or denied
• A hit-and-run is involved

Early legal evaluation can help preserve evidence, assess coverage options, and ensure that wrongful death deadlines are met.

Fatal pedestrian accidents raise unique legal issues involving right-of-way laws, driver duties, and the heightened vulnerability of pedestrians. These cases differ significantly from other fatal motor vehicle accidents in both liability analysis and damages considerations.

This page provides an educational overview of how fatal pedestrian accident claims are evaluated and how they fit within broader fatal motor vehicle accident law.