Pedestrians are vulnerable to their environment as they traverse sidewalks, crosswalks, and roadways. Individuals do not have the benefit of safety features that are common in most vehicles today. For that reason, accidents between automobiles and pedestrians are often incredibly damaging to the pedestrian with little or no damage to the driver or vehicle involved.
This fact, coupled with the idea that the pedestrian always has the right of way, leads many people to believe that pedestrian accidents are still the result of driver negligence. While this may be true in many pedestrian accident cases, it is not always the case. Pedestrians can be liable for accidents they are involved in.
Determining Liability in a Pedestrian Accident
Sometimes it is easy to determine who is at fault for a pedestrian accident. If a driver runs a stoplight, fails to stop at a crosswalk, or runs onto the sidewalk, he or she is most likely liable for any injuries or damages. However, there are situations where liability is less obvious. For example: a driver who is obeying the law and hits a pedestrian crossing the street on a red light.
Many pedestrian accident cases involve fault on both parties. If a driver is speeding when he or she hits someone who is jaywalking, both parties may be liable. This matters because if one party files a personal injury claim against another, then the amount of compensation may be reduced by their degree of liability.
In order to determine liability, the court will review all available evidence from the accident, such as property damage, injuries, traffic rules, witness statements, and video evidence.
Everyone’s Duty to Prevent Pedestrian Accidents
Ultimately, drivers and pedestrians are expected to obey the law and follow traffic rules. They are also expected to pay a particular duty of care to others on or near the road. That means acting in a reasonable way that prevents harm to others.
Anyone who is involved in a pedestrian accident should contact an attorney to discuss their situation and determine if they have an actionable personal injury claim. Determining liability is the first step in deciding whether any party can obtain compensation.
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