Car accidents can be an intense experience that can cause a lot of strain for the victims. It can be hard to figure out who is considered liable for the accident. This can be simply answered by looking at how the accident happened. But there are times when pedestrians are involved, and it makes figuring out who is responsible harder. Pedestrians typically have the right of way when they’re on the road, but there are times when it is necessary to determine liability between the pedestrian and the driver of the car if they weren’t paying attention. This relies on gathering information about how the accident happened and how the pedestrian could play a part.
Understanding the Right of Way
Drivers are required to follow all the rules of the road, and pedestrians are no exception to that. Both parties need to understand how the right of way works to make sure they are safe and aware of what’s going on. This means, that if there’s a crossroad and a pedestrian is trying to cross, then drivers must let the pedestrian go. This allows both parties to get to their destination safely. This doesn’t mean that pedestrians can walk wherever they want on the road that isn’t specifically designated, as that could be a safety hazard.
Scenarios in Which Pedestrians Can Share Fault
If pedestrians choose to not follow the rules of the road, then they can share some blame in a car accident. There are times when pedestrians are jaywalking across the street, meaning they aren’t using a crosswalk. This could cause a driver to hit them or swerve out of the way, causing an accident. Along with that, if they are not watching for traffic signals and walk when it’s red, then that negligence can cause a car accident.
Distracted walking can be just as bad as distracted driving. If the pedestrian isn’t looking at where they’re walking, then they can be partially blamed. Public intoxication or being under the influence of substances is against the law. If a pedestrian is doing those things and causes an accident, then they can be considered liable.
Comparative Negligence in Pedestrian-Car Accidents
When it comes to these cases where pedestrians share some fault, comparative negligence comes into play. This allows multiple parties to be assigned a percentage of fault for the accident. That way liability isn’t stuck to one person paying for everything when everyone played some part in the accident. Even if the pedestrian was jaywalking in an area, the driver could be violating traffic laws by going above the speed limit. Here, legal professionals can review the evidence provided and figure out how much fault the driver and pedestrian are given. They are still able to receive compensation, but their amount will be limited by how much percentage of at-fault they were. This gives both the driver and the pedestrian the ability to receive financial aid as they recover from the accident.
Though pedestrians are given the right of way while out and about, their actions can still lead to car accidents. Drivers need to be aware of these details so they can still receive compensation. This also helps them figure out who is considered liable and what the next steps are. If you’re not sure how to proceed with this type of accident, then research a trusted legal team in your area. They’ll be able to help you through the legal system and make sure you get the justice you deserve. These cases can be complicated so it’s important to have someone on your side to get the compensation you need to recover.
