It might be easy to assume that the driver is at fault in an accident between a car and a pedestrian. However, an irresponsible pedestrian who steps into the road can make it difficult for a motorist to avoid an accident. As a result, the driver might hit the pedestrian, veer off the road, or hit an oncoming motorist in another car.
Examples of Pedestrian Liability
If a pedestrian is at fault for an accident, the motorist may be able to file a claim against the pedestrian for any injuries they sustained with the assistance of a pedestrian accident attorney.
Some circumstances under which a pedestrian might be at fault in an accident consist of:
- Crossing the street in an area other than the designated crosswalk
- Not abiding by a traffic signal
- Crossing the street while under the influence of drugs or alcohol
- Walking on roads where pedestrians are banned
- Darting or running out in the street without concern for drivers
In these scenarios, the pedestrian may be at fault for the accident. To receive compensation for an accident, the driver may need to prove that the pedestrian caused the accident and that they might not avoid hitting the pedestrian or getting into a wreck.
When Is a Pedestrian Responsible for a Car Accident?
Just as drivers have a duty to keep other people who use the roads safe, pedestrians also have a duty of care toward motorists. If a pedestrian neglects to honor that duty of care and their negligence causes an accident, the pedestrian is at fault. Even if the pedestrian is more seriously injured than the driver, they may still be liable for the damages.
However, it is important to keep in mind that this is not the most common outcome in these situations. Because of how traffic laws are designed, motorists usually have a higher duty of care to pedestrians than those walking do to motorists. This makes it hard to show a pedestrian is the mainly liable party in these accidents.
In most cases, the pedestrian struck by the vehicle files a claim based on the driver’s auto liability plan or sues the at-fault motorist. While there may be comparative negligence, the duty attributed to the pedestrian is generally rather small.
When Is It Considered the Driver’s Fault in a Pedestrian Accident?
When a driver neglects to abide by the rules of the road, their negligence can lead to an accident. This can be caused by distracted driving, drunk driving, and even road rage. It can also occur as a result of a careless error on the part of the motorist, such as mindlessly running a red light or neglecting to see a pedestrian in the crosswalk while turning left.
Pedestrians have a right to use the streets safely as long as they are abiding by the laws, and they also have the right to expect motorists to abide by the laws. When they don’t, the motorist is at fault.
Motorists also have an obligation to take certain precautions when they see a pedestrian, even if that pedestrian is breaking the law. For example, a motorist must still try to stop when a person crosses the street in front of them between crosswalks or crosses against the traffic light.
When a pedestrian causes an accident, any other party injured by the pedestrian’s carelessness has the legal right to seek compensation. However, if a pedestrian caused your accident, your legal rights will depend on your state’s laws. An attorney can tell you more about the laws where you live and how they apply to your case.
If you were injured or incurred damages when a pedestrian caused an accident, you may need to hire the best pedestrian accident lawyers to represent you throughout the claims and settlement process.
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