Accidents Involving Pedestrians: Determining Negligence

Pedestrian versus car accidents often lead to severe injuries for the pedestrian. When these types of accidents happen, the pedestrian may be able to obtain compensation for the accident to help cover any expenses that result. One of the first steps in collecting compensation is determining liability, as this can make a difference in who can collect a settlement and how much money can be obtained. 

A Driver

Often, the driver of the vehicle is at fault for the accident. A lawyer like those at Wagoner Desai Attorneys at Law can help prove the driver was at fault so the pedestrian can collect a settlement. The driver can cause the accident by not paying attention to the road, driving through a crosswalk while people are walking through it, or otherwise failing to yield to pedestrians. Even if a pedestrian cannot legally cross in an area, it is up to the driver to pay attention and yield to avoid an accident.  

The Pedestrian

Though the driver is at fault in most situations, it is possible for the pedestrian to be the cause of the accident. There are certain safety rules pedestrians must follow when they're walking. If these are not followed, the pedestrian could end up causing an accident.

Some potential causes can include crossing against the signal, crossing where it is not allowed, or attempting to cross the road while under the influence of drugs or alcohol. When the pedestrian is found to have caused the accident, it is likely they cannot receive compensation from the driver to cover any injuries. 

Shared Negligence

There are times when the driver and the pedestrian will share fault for the accident. When this happens, it is possible the pedestrian's compensation for the accident will be reduced by the percent they're found to be at fault. This is considered comparative negligence and comes into play in a variety of different situations.

For example, if the driver is distracted and crosses the crosswalk without yielding to pedestrians, and the pedestrian crosses the road while texting and doesn't see the driver coming, it could be argued that both of them are at fault. If they are both found to be 50% at fault, the pedestrian's settlement would be reduced by 50%. 

Determining Fault

Negligence is when someone fails to do something to prevent an accident or injury. Fault in an accident case is determined by who was negligent and caused the accident to occur. With accidents involving pedestrians, the fault could be with the driver, the pedestrian, or both. It is important to look at how the accident occurred, what each person was doing before the accident, and who should have stopped or taken other actions to prevent the accident from occurring.

A lawyer will carefully review evidence for their client to help prove who was at fault. Once this is determined, the negligent party typically is responsible for covering the other party's damages through compensation. 

Accidents involving pedestrians are all too common and typically are easy to avoid when both pedestrians and drivers pay attention and follow safety rules in place. Unfortunately, these types of accidents can still happen. When one does, the victim of the accident can speak with a lawyer to learn more about whether they can receive compensation for any injuries or expenses from the accident.