The responsibility is divided according to the specific traffic accident situation. If the pedestrian fails to pass according to the traffic regulations, and the driver drives normally, the pedestrian will be the main responsibility.
If the pedestrian passes according to the traffic regulations, and the driver fails to give way in time during the driving process and hits a person, the driver is primarily responsible.
[Legal Basis]
Article 76 of the Road Traffic Safety Law states that if a traffic accident involving a motor vehicle causes personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.
(2) If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation;
If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.
If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.