When a collision happens between a vehicle and a pedestrian, it is usually due to driver error, negligence or recklessness. Drivers owe a duty of care to pedestrians to take reasonable steps to avoid causing them harm. This duty applies even if a pedestrian walks across the street without looking or when there is no designated crosswalk.

That said, drivers are not always to blame, or at least not fully to blame. There are times when pedestrians can share some or all the fault if they get hit by a car. For instance, if a pedestrian jaywalks across a busy street while glued to his or her cellphone, a driver may be unable to stop in time to avoid hitting him or her