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When Can Pedestrians Be ‘At Fault’ in Car Accidents?

Car accidents that involve pedestrians tend to get complicated as there is a disparity in the damage incurred. Owing to the physics of collision, the pedestrian suffers serious injuries while the car or its occupants may escape unharmed or will very little damage. Although not very common but in such accidents, the pedestrian may also be at fault. The personal injury lawyers at Douglas and London have additional information on what happens when this is the case.

Determining the fault in a pedestrian accident case

Each state has its laws that govern car crash involving motorists and pedestrians. In order to determine the fault in such accidents, you have to look at how the collision has occurred. Pedestrians legally have right of way when walking on the crosswalk. This is applicable even if the intersection does not have traffic control signals. Hence, motorists are required to be alert at all times and avoid hitting a pedestrian on a crosswalk even if the light is green for the driver. In such circumstances, the pedestrian also has a responsibility to not leave the curb unless they give the driver enough time to stop the car. Failure to do so can lead to an accident and the pedestrian may be liable in such cases.

Pedestrians are allowed to cross the road only using the crosswalks and must always stay on the sidewalks while walking on the street. If the pedestrian is found crossing the road outside of the sidewalk, the pedestrian may be held accountable if an accident occurs in such cases. If a street does not have a sidewalk, the pedestrian can walk by the shoulder and the drivers are required to yield to the pedestrians in such cases. Pedestrians also have a right of way when the sidewalks enter into alleys or into parking lots and motorists must always look out for pedestrians when pulling out of a parking lot or side streets.

Importance of following traffic laws

It is crucial that both motorists and pedestrians follow the traffic rules and right of way guidelines governed by the law. Failure to do so can result in a serious accident and a personal injury lawsuit. When the at-fault party is being determined in such accidents, the most important aspect that will be considered is the right of way.

If a pedestrian is hit by a car due to the fault of the driver, the pedestrian can file for claim compensation against the driver’s insurance company. If a motorist hits a pedestrian while driving but it is due to the pedestrian’s fault, then the driver can file a civil claim against the pedestrian.

How can a good car accident lawyer help in accidents involving pedestrians?

It is always recommended to hire a knowledgeable and experienced car accident lawyer if you have been involved in an auto accident involving a pedestrian. A good attorney can use their legal expertise in determining an at-fault pedestrian and prevent you from being wrongfully charged. Pedestrians usually do not have any insurance to cover a third-party liability claim and you will have to sue them directly. Hence, it is important to contact a lawyer who can help you through the legal proceedings.