The driver is not automatically at fault in an auto pedestrian accident, but more often than not the driver is found to be the at fault party. Pedestrians can be found at fault, but it’s rare; however, if a pedestrian acts in a way that makes it impossible for the driver of the vehicle to avoid an accident, they can be held responsible. Usually, the driver is liable in a pedestrian vs. car accident because drivers must be cautious when a pedestrian is potentially going to be present as part of their duty of care given the circumstances in which they are driving.