How to Determine Fault in a Pedestrian Accident

When a pedestrian is hit by a car, the driver is at fault from the police standpoint, but that may not be the case in a personal injury claim. Therefore, it is important to understand how negligence and liability work in personal injury cases to make sure you have a valid claim.

Pedestrian Accident

When the Driver is at Fault

If a car hits a pedestrian, then often times the driver is negligent. Because drivers must act responsibly on the road, hitting or injuring a pedestrian is a violation of that duty; therefore, the driver may be accountable for the injuries they have caused.

Also, a driver may be found negligent if they:

  • Ran a red light or stop sign
  • Were caught speeding or disobeying other traffic laws at the time of the accident
  • Failed to yield to a crosswalk
  • Distracted while driving such as texting
  • Were drunk while driving

Lastly, if a driver speeds or hits a child in a school zone, especially while children are present, they are acting negligently.

When a Pedestrian is at Fault

While pedestrians often have the right away, they still must act reasonably. Jumping in front of a car that is clearly coming and has the right away is not acting responsibly on the road. So, there are times a pedestrian could be held liable for a driver’s injuries or at least part of their injuries.

Some examples where a pedestrian may be negligent include:

  • Crossing at a “do not walk” sign
  • Jaywalking
  • Running or walking into the flow of traffic
  • Darting or playing in between moving vehicles

Pedestrians must be aware of the traffic around them just like a driver must be aware of their surroundings.

Comparative Fault and Your Personal Injury Case

Whether you are a driver or a pedestrian injured in a pedestrian-vehicle accident, you may be entitled to compensation. But, the comparative fault rule may apply to your case; therefore, if you were partially responsible for the accident, such as jumping in front of a moving vehicle, you may not receive full compensation.

In these types of cases involving pedestrians and vehicles, regardless of who is at fault, you should speak to a skilled pedestrian accident attorney. An attorney can help assess your case and see who was negligent as well as estimate how much compensation you deserve.

Meet with the attorneys at Fetterman & Associates, PA today for a free consultation regarding your personal injury case.

Also Read : How to Avoid a Pedestrian Accident

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