Who is responsible if a pedestrian is hit while running a red light?
2 Answers
If a pedestrian is hit while running a red light, the pedestrian bears full or primary responsibility, while the motor vehicle driver is either not at fault or bears secondary responsibility. The specific compensation liabilities for the motor vehicle driver are as follows: 1. If the motor vehicle driver is not at fault when a pedestrian is hit while running a red light, they only need to bear no more than 10% of the compensation liability; 2. If the motor vehicle driver bears secondary responsibility when a pedestrian is hit while running a red light, they bear 10% to 30% of the compensation liability. According to relevant provisions of the Road Traffic Safety Law, in the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, if there is evidence that the non-motor vehicle driver or pedestrian was at fault, the compensation liability of the motor vehicle driver may be appropriately reduced based on the degree of fault. If the motor vehicle driver is not at fault, they bear no more than 10% of the compensation liability.
I know this all too well. Last year, I witnessed an accident firsthand: a pedestrian looking down at their phone ran a red light and was knocked down by a right-turning vehicle. The traffic police on scene told me that according to Article 76 of the Road Traffic Safety Law, in accidents between motor vehicles and non-motorized vehicles or pedestrians, even if the pedestrian is fully at fault, the driver still has to bear no more than 10% of the compensation liability. However, the pedestrian bears the main responsibility, and insurance will only cover some medical expenses at most. Nowadays, intersection surveillance cameras are all high-definition, so evidence is crystal clear. The worst off are the pedestrians who get hit—light injuries can mean fractures, while severe cases can leave them in a vegetative state. That’s why, even when I have the green light, I always look both ways before driving. Pedestrians should also realize that risking their lives for a few seconds at a red light really isn’t worth it.
