Even if the pedestrian is more seriously injured than the driver, they might still be liable for the damages.
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 street can make it hard for a driver to avoid an accident. As a result, the motorist may hit the pedestrian, drift off the road, or hit an oncoming driver in another vehicle.
Examples of pedestrian responsibility
If a pedestrian is responsible for an accident, the driver may be able to file a claim against the pedestrian for any injuries they sustained with the assistance of a pedestrian accident lawyer.
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 following 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 motorists
In these scenarios, the pedestrian may be at fault for the accident. To recover compensation for an accident, the driver may need to prove that the pedestrian caused the accident and that they can not prevent hitting the pedestrian or getting into an accident.
When is a pedestrian responsible for a car accident
Just like 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 meet that duty of care and their carelessness causes an accident, the pedestrian is at fault. Even if the pedestrian is more seriously injured than the driver, they might still be liable for the damages.
Nevertheless, 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 generally have a higher duty of care to pedestrians than those on foot do to drivers. This makes it challenging to prove a pedestrian is the mainly responsible party in these accidents.
For the most part, the pedestrian struck by the car files a claim based on the driver's auto liability policy or sues the at-fault motorist. While there might be comparative negligence, the role credited to the pedestrian is generally rather minor.
When is it considered the driver's fault in a pedestrian accident
When a driver fails to abide by the rules of the road, their carelessness can lead to an accident. This can be caused by distracted driving, drunk driving, or even road rage. It can also occur as a result of a careless mistake on the part of the driver, 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 roads safely as long as they are abiding by the laws, and they also have the right to expect motorists to obey the laws. When they don't, the motorist is at fault.
Drivers also have a responsibility to take certain precautions when they see a pedestrian, even if that pedestrian is breaking the law. For instance, a motorist must still try to stop when an individual 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 negligence has the legal right to pursue compensation. However, if a pedestrian caused your accident, your rights will depend on your state's laws. An attorney can tell you more regarding 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 might need to hire the best pedestrian accident lawyers to represent you throughout the claims and settlement process.