ABA Family Legal Guide

Automobiles

Accidents and Insurance

Accidents

Do I need to exercise more care toward pedestrians and passengers?

No, the same standard applies to pedestrians, passengers, and other drivers. Motorists must exercise reasonable care under the circumstances toward pedestrians. In practical terms, this means keeping a careful lookout for pedestrians, and maintaining control over your vehicle to avoid injuring them. You must also sound your horn to warn of your approach when you believe that a pedestrian is unaware of danger. In some states, you must stop if you see a pedestrian anywhere in a crosswalk. The law does not, however, expect you to anticipate a pedestrian darting out into the roadway.

You must also exercise reasonable care under the circumstances toward passengers, although this may change based on your passengers' relationship to you. You will not be liable if a passenger sustains injury through no fault of your own.