Why Are Pedestrian Deaths at Record Highs in the U.S.? When Is a Driver or City Liable?

At some point every day, nearly all of us become pedestrians by walking into a store, crossing a street to a parking lot, heading from a bus stop to work, or pushing a stroller through a neighborhood intersection.

But across the United States, walking has become far more dangerous than it should be.

Recent federal and safety-group data show pedestrian fatalities have remained near historic highs. 

In 2023, 7,314 pedestrians were killed nationwide, with more than 68,000 injured. Even where year-over-year totals show slight declines, the big picture hasn’t changed: pedestrian deaths are still dramatically higher than they were a decade ago and remain elevated compared to pre-pandemic levels.

And preliminary state-reported data indicate 7,148 people walking were killed in 2024, marking a second annual decline but still near crisis levels.

So why is this trending now? Who is responsible? Are drivers simply negligent, or do the street designs make crashes more likely? How do these accidents happen if a pedestrian is in a crosswalk?

Below, we help with the answers to these questions, but know that every case is unique and multifactorial. If you were struck or injured in a pedestrian accident, contact Morgan & Morgan, America’s largest personal injury law firm, for a free case evaluation to learn more about your legal options for your specific case.

Why Pedestrian Deaths Are “Trending” in the Legal World

Federal traffic data keeps sounding alarms

Federal roadway safety reporting continues to highlight pedestrian deaths as a major share of traffic fatalities. In 2023, pedestrians accounted for a meaningful portion of all crash deaths, and the overall pedestrian death count remained above 7,300. 

At the state level, NHTSA’s Traffic Safety Facts materials show how severe the problem is across the country, especially in large states with major urban corridors. For example, NHTSA’s 2023 pedestrians report lists the highest raw numbers of pedestrian fatalities in states like California, Texas, and Florida.

Nighttime fatalities dominate the story

Pedestrian crashes aren’t evenly distributed throughout the day. They cluster after dark, when visibility is lower, speeds can be higher, and drivers may be tired, distracted, or impaired.

Safety analyses show that more than three-quarters of pedestrian fatalities occur after dark, and the growth in nighttime pedestrian deaths has outpaced daytime increases for years.

If a roadway has poor lighting, faded markings, wide crossing distances, or fast-moving traffic, “after dark” becomes a multiplier of risk.

SUVs and pickups are a major risk factor

Vehicle design matters, especially the front-end height and shape. As larger vehicles have become more common on American roads, pedestrian outcomes have worsened.

IIHS research has found that pickups, SUVs, and vans with hood heights above 40 inches are about 45% more likely to cause fatalities in pedestrian crashes than lower-profile cars (in the study’s comparisons).

GHSA has also reported that SUVs and pickups made up a majority of pedestrian fatalities where vehicle type was known.

This does not mean every SUV driver is negligent. It means that when a crash happens, the stakes are higher, and speed, visibility, and reaction time become even more important.

Urban safety lawsuits are rising because “the system” can be unsafe

Another reason pedestrian deaths are trending is that more families are looking beyond the driver’s actions and asking whether an intersection, crosswalk, or corridor was dangerous by design.

Some roads are built like highways but run through neighborhoods. Crosswalks are placed where drivers don’t expect them. The lighting is inadequate. Signals prioritize traffic flow over safe crossing time, and predictable crash patterns, like near schools, bus stops, stadiums, or senior communities, repeat.

When a city knows (or should know) a location is a high-injury area and fails to address it, that can become part of a legal claim, depending on the facts and the jurisdiction.

Crosswalk Accidents: How Do They Happen, and Who May Be Liable?

When someone is hit in a crosswalk, families may assume the case is clear-cut. The reality is more complicated, but crosswalk crashes can be among the strongest types of pedestrian injury claims when the evidence supports them.

Common crosswalk crash scenarios

• Right-turn / left-turn strikes: Drivers look for a gap in traffic, not a person already crossing.
• Failure to yield: The driver rolls through a crosswalk or accelerates into it.
• “Multiple threat” crashes: One vehicle stops, but a second vehicle in the next lane doesn’t.
• Signal timing issues: The “walk” interval is too short, forcing pedestrians to rush or remain exposed longer.
• Blocked sightlines: Parked cars, signage, construction barriers, or vegetation hide pedestrians until the last moment.
   

Driver negligence in crosswalk cases

A driver may be liable if they were:

• speeding (even slightly above the limit),
• distracted (phone use, navigation, infotainment),
• impaired (alcohol, drugs, fatigue),
• failing to yield while turning,
• running a red light or stop sign, or
• driving too fast for conditions (especially at night or in the rain).

In many cases, liability turns on proving what actually happened in the seconds before impact, which is why early evidence preservation matters.

City responsibility in crosswalk cases

Depending on the location and the circumstances, a city (or other roadway entity) may share responsibility when:

• crosswalk markings are faded or confusing,
• lighting is inadequate for a known crossing zone,
• signal timing is unsafe,
• the intersection design creates predictable conflicts,
• construction zones create unmarked detours or visibility hazards, or
• prior crashes show a known danger that wasn’t addressed.

There are often special rules, deadlines, and immunities when a government entity is involved, so it’s important to speak with counsel quickly if roadway design may have played a role.

Poor Lighting and Visibility: The “After Dark” Factor That Keeps Showing Up

The data is clear: darkness is when pedestrian fatalities surge.

But legally, the question isn’t just “was it dark?” Instead, we should examine whether the driver was using appropriate caution for limited visibility, the roadway was reasonably illuminated for the type of crossing present, and if there were signs, markings, and signals visible and properly maintained.

 

What “poor visibility” can look like in real cases

• Broken streetlights or wide gaps between lights
• Intersections where lights exist, but don’t illuminate the crosswalk
• Crosswalk paint worn down so it disappears at night or in rain
• Oncoming headlight glare masking a pedestrian
• Dark clothing plus inadequate lighting (which does not automatically absolve the driver)
• Trees/structures blocking streetlights or signs
  
   

Why lighting matters so much in liability

Drivers have a duty to operate safely under most conditions, including nighttime conditions. If a driver is “outrunning their headlights” (driving too fast to stop within the distance they can see), that can support negligence.

At the same time, if a crossing is known and predictable, like near transit stops, entertainment venues, campuses, or dense housing, road agencies may be expected to take reasonable steps to make it visible and safe. When they don’t, that failure can become a major issue in the case.

Driver Negligence vs. City Responsibility: It’s Often Not Either/Or

One of the biggest misconceptions about pedestrian cases is that responsibility must fall entirely on the driver or entirely on the city. In reality, many serious crashes involve multiple contributing factors and multiple potentially liable parties.

Parties that may share fault in a pedestrian crash

• The driver (negligent driving behavior)
• A commercial employer (if the driver was working)
• A rideshare company (depending on status and facts)
• A bar/restaurant (in some impaired-driving scenarios, depending on state law)
• A construction contractor (unsafe work zones, missing warnings)
• A city/county/state agency (dangerous roadway design or maintenance failures)
• A vehicle manufacturer (rare, but possible in defect cases)

A thorough investigation looks at all of it: human behavior, roadway design, visibility, signage, and vehicle dynamics.

What Evidence Matters Most in Pedestrian Fatality and Injury Cases

Pedestrian crashes are heavily evidence-driven. The earlier a legal team can act, the better the chances of preserving proof before it disappears.

Key evidence can include:

• Traffic camera footage / nearby business video
• Dashcam footage
• 911 calls and dispatch logs
• Police crash reports and diagrams
• Witness statements (often lost if not collected quickly)
• Vehicle “black box” / event data recorder (EDR) when available
• Phone records (distraction)
• Lighting and visibility documentation (photos/video at the same time of night)
• Road design records (signal timing plans, maintenance logs, prior complaints/crash history)

In roadway cases, proving notice, like what the city knew or should have known, can be extremely important to a personal injury claim. That may involve public records, prior crash data, and internal communications.

What Compensation May Cover After a Pedestrian Crash

Every case is different, but a pedestrian injury or wrongful death claim may seek compensation for:

• emergency medical care and future treatment
• rehabilitation and long-term care
• lost income and reduced earning capacity
• pain and suffering
• disability and loss of quality of life
• in wrongful death cases: funeral costs, loss of financial support, and other damages recognized by state law

A serious pedestrian crash can change a family’s future overnight. The legal system can’t undo the harm, but it can demand accountability and help secure resources for what comes next.

What to Do After a Pedestrian Crash

If you’re able (or if you’re helping a loved one), these steps can help protect both safety and a future claim:

1. Get medical care immediately (some injuries worsen over hours or days).
2. Document the scene (photos/video of crosswalk markings, lighting, sightlines, signage).
3. Identify witnesses and request their contact information.
4. Preserve clothing/shoes worn in the crash (they can become evidence).
5. Avoid recorded statements to insurers before you understand your rights.
6. Act quickly if a city or government roadway agency might be involved—deadlines can be much shorter than typical injury claims.
   
    

How Morgan & Morgan Can Help

Pedestrian injury and wrongful death cases often involve high stakes, aggressive insurance defenses, and complex questions about roadway safety. Morgan & Morgan can investigate the crash, preserve evidence, work with qualified experts when needed, and pursue accountability, whether that means proving driver negligence, uncovering dangerous design, or both.

For over 35 years, Morgan & Morgan has fought For the People—not the powerful—and has recovered over $30 billion

in the process. With law offices in every state across the country, we have the size, resources, and local expertise to take on a case of any size, from anywhere.

If you or someone you love was struck while walking, especially in a crosswalk, at night, or in a location with known safety issues, Morgan & Morgan may be able to help you understand your options and pursue the compensation you deserve.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.