In this video Houston attorney Gregg Anderson of the law offices of Terry Bryant answers the question: Are drivers always at fault in a pedestrian accident? Of course not. Sometimes pedestrians do stupid things just like anyone else, if someone is crossing in the wrong place or is not following other safety rules, then the pedestrian could be at fault. Sometimes drivers aren't paying attention, or the driver runs a red light or a stop sign, then the driver would be at fault. Like any other situation, it depends on the particular facts of the particular case.