No, pedestrians are not always at fault in pedestrian accidents. To illustrate, a driver could have failed to give them the right of way. Alternatively, a government agency might not have cleaned up road debris. If a driver hit this debris, they could have lost control of the car, causing an accident.
If you suffered injuries in a pedestrian accident, our legal team is here to help you fight for the compensation you are entitled to recover.
Who Is at Fault in a Pedestrian Accident Case?
Pedestrian accidents often occur either in 4-way stops or when pedestrians cross roads and highways. Both pedestrians and drivers must understand who has the right of way and when. Generally speaking, pedestrians have the right of way.
Drivers owe pedestrians a duty of care to operate their vehicles carefully. Unfortunately, it is not uncommon to find drivers failing to uphold this duty. For example, drivers fail the duty of care they owe pedestrians when they:
- Speed excessively for the road condition and weather conditions
- Disobey traffic signs
- Drive while distracted
- Fail to yield to pedestrians at crosswalks
- Drive under the influence
Ways Pedestrians Could Have Contributed to the Accident
While pedestrians have the right of way in most scenarios, it is not always the case. If they are standing at a crosswalk, they know that they have to wait for their turn to cross the street. It would be unreasonable to run across the street if the traffic signal says to stay put. Doing so jeopardizes their safety and that of the driver and passengers.
Pedestrians owe a duty of care to all road users. A pedestrian may breach this duty when they engage in behaviors such as:
- Crossing in the middle of the street
- Disobeying traffic signals
- Entering a road while under the influence of drugs or alcohol
- Walking in areas where pedestrians are prohibited
If the driver is clearly at fault for the accident, the pedestrian can probably recover compensation from the driver’s insurance. However, since it is not always the case that one party is 100% at fault, both the driver and the pedestrian could be to blame for a pedestrian-vehicle accident. In such cases, liability is allocated proportionally to a party’s percentage of fault.
Proving Fault in a Pedestrian-Vehicle Accident
If you are injured in a pedestrian accident, you will need to provide evidence to hold the other party responsible for a breach of duty of care and causing the crash. Some things you can do include:
- Prioritizing your safety. Do not make matters worse by entering traffic flow.
- Retrieving a copy of the police report. Police reports are an invaluable source of evidence that documents who was involved in the accident and how it occurred.
- Documenting the accident scene and collecting as much evidence as there could be. That includes taking photos of the damaged vehicle at different angles, the road conditions, and your injuries.
- Seeking medical attention right away. The doctor will diagnose and treat you right away. Going to the hospital or your primary care physician soon after the accident will also connect the crash to your injuries.
What Damages You Can Recoup in a Pedestrian-Car Accident
In most cases, pedestrian-vehicle accidents are a result of negligence. Whether you are a driver or pedestrian, if you suffered injuries due to another person’s negligence, you may have legal claims against the responsible party or parties.
If your claim is successful, you may recover an array of damages such as:
- Cost of past and projected medical treatment
- Lost income for the days you missed work
- Loss of earning capacity
- Mental anguish
- Scarring and disfigurement
- Pain and suffering
If your loved one passed away from their pedestrian accident injuries, you may recover damages in a wrongful death case. Forms of compensation may include burial and funeral costs and final medical bills.
Contact George Sink, P.A. Injury Lawyers After a Pedestrian Accident
Fault in a pedestrian-vehicle accident is not always cut and dry. While drivers are negligent a large percentage of the time, pedestrians sometimes make mistakes that cause accidents.
Whatever the circumstances surrounding the pedestrian-vehicle accident, our attorneys will go over your options and work to recover the compensation you need. Get in touch with George Sink, P.A. Injury Lawyers today for a free initial consultation.