Many people assume that pedestrians always have the right of way and therefore a pedestrian cannot be at fault for a pedestrian accident. This is not always true. Keep reading to learn the situations in which a person could be found at least partially at fault for a pedestrian accident. If you have questions or want to request a free legal consultation, reach out to The Law Offices of Larry H. Parker at 800-333-0000.
Learn How Fault is Determined in Pedestrian Accidents
Sometimes it is very obvious that the driver was at fault for hitting the pedestrian but generally these cases are not that simple. Determining who is at fault in a pedestrian accident is similar to the way it is done in a car accident. Negligence is the most important factor in determining who is at fault and how at fault they are.
For example, if a pedestrian does not obey the traffic laws by crossing outside of a crosswalk or when the sign told them not to walk, then they are likely to be found at least partially if not entirely at fault. If a driver hits another vehicle to avoid hitting a pedestrian, it is possible for the pedestrian to be found at fault and therefore responsible for damages and injuries. However, these cases are complex and it is often very difficult to prove fault.
The Blame Might Be Shared
In some cases one party is entirely to blame but sometimes both the driver and a pedestrian are partially at fault for an accident. For example, if a person illegally crossed the street on foot and was struck by a speeding driver who did not stop at a stop sign, then both might be considered negligent. In California, an accident can be considered the fault of several parties, each of which is responsible for their share of damages.
In the above example, if a jury found that the driver was 70% at fault and the pedestrian was 30% at fault, then the pedestrian could sue the driver and recover compensation for 70% of their damages. As a result, if they had $100,000 in damages, they would be eligible for $70,000.
Call a Personal Injury Attorney to Find Out What Your Best Options Are
If you have been injured in an accident, whether as a pedestrian or a driver, there might be legal recourses to get compensation for the damages you have suffered. You can get a free legal consultation by reaching out to The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.