Not necessarily. When an accident occurs between a driver and a pedestrian, the driver is most commonly found liable, but this is not always true. Pedestrians can be found either partially or fully liable as well. Suppose the driver had to swerve to avoid a road defect and collided with a pedestrian. In that case, the municipality responsible for the road defect may be found liable. In some instances, the driver and the pedestrian may be at fault, making determining liability difficult. If you have been involved in a pedestrian accident and are unsure who is liable, speak with an attorney.