When it comes to pedestrian accidents, most people assume that pedestrians are automatically eligible for compensation just because they are on foot. It is also a misconception that pedestrians don’t have to prove liability. However, this could not be further from the truth. When an accident between an automobile and a pedestrian occurs, several questions arise, such as is the driver 100% at fault, or only partially at fault?
It’s essential to consider the following factors that may have caused the pedestrian accident, such as over speeding, driving under the influence of drugs or alcohol, running a red light or stop sign, distracted driving, road conditions, weather conditions, and more.
Breaching a Duty of Care
An example of drivers breaching their duty of care on the road is if said driver was legally obligated to yield the right of way, which means the driver must operate their vehicle in a way that makes the road entirely safe for pedestrians. Including pedestrians that are walking within marked and unmarked crosswalks. In this instance, if the driver breached their legal duty of care, he or she can be held liable in court. Additionally, your injury lawyer will have to prove that this breach of duty caused your injuries and damages that were sustained.
Here are some other factors that are considered in court to determine liability in a car vs. pedestrian accident:
- The driver: In several court cases, drivers are found liable because they are usually the ones driving recklessly, under the influence, distracted, or careless when a pedestrian accident occurs.
- The pedestrian: Many people forget that pedestrians are also bound to traffic laws, so they are not always innocent. Pedestrians must adhere to traffic laws, use crosswalks, and avoid walking in prohibited areas such as a highway.
- Other factors: Other miscellaneous factors that may have caused the pedestrian accident include poor weather conditions, defective equipment, bad road conditions, poorly maintained roads, among other conditions.
When Both Parties Are Found Negligent
There are some instances where both the pedestrians and drivers are found negligent. For example, if a pedestrian was jaywalking, and he or she was struck by a driver who was texting and driving, both the pedestrian and the driver will be held partially liable. This type of liability is known as pure comparative negligence. When it comes to pure comparative negligence, the pedestrian is still eligible for partial compensation even if the pedestrian is found partially responsible for said accident.
How to Successfully Determine Negligence
Individuals who have fallen victim in a pedestrian accident are entitled to compensation for the following damages, which include a lowered quality of life, medical expenses, pain and suffering, emotional trauma, and several other physical and mental scars.
There’s no point in trying to guess who will be found negligent. To successfully determine who is at fault in a pedestrian accident, you will need to hire a personal injury lawyer. Contact Flickinger Sutterfield & Boulton today, and one of our experienced personal injury attorneys will help you receive the compensation you deserve.