Many people assume that pedestrians automatically have the right of way. While all motorists are required by law to look out for pedestrians, pedestrians can be held accountable for damages and injuries that are sustained in a pedestrian-auto accident if they are found at-fault. Based on legal statutes, drivers behind the wheel of an automobile and pedestrians equally have a duty to exercise a reasonable amount of care that the average person is capable of exercising when they are driving, walking, or biking on public roadways or highways.
Anyone who does not exercise this care to keep themselves and other parties safe can be found negligent for a resulting accident even if this individual was a pedestrian. If you were involved in a pedestrian-car accident and you want more information on filing a personal injury claim for at fault pedestrian, get the advice you need so that you can take action.
How is Fault Determined in a Pedestrian vs. Automobile Accident?
If you exercised a reasonable amount of care while you were driving and you still could not avoid the accident you experienced with a pedestrian, there is a good chance that the pedestrian party was acting in a negligent manner. There are a number of different scenarios where pedestrians have been found to be the cause of a traffic accident when a personal injury claim for at fault pedestrian has been filed.
Some of the cases where the pedestrian may be found negligent rather than the driver include:
- Accidents where the pedestrian was crossing a road without traffic controls
- Accidents where the pedestrian was crossing against traffic controls
- Accidents caused by a pedestrian who was jaywalking
- Accidents with a pedestrian located in areas where pedestrian access is prohibited (on freeways or bridges)
How Will a Settlement Be Reached?
When you file a personal injury claim for at fault pedestrian, the insurance company will investigate to determine which party is negligent. If the pedestrian is found to be solely responsible, you may be able to collect for your damages. If both you and the pedestrian have been found negligent, the amount that the pedestrian can collect will depend upon the share of fault. Many states have contributory rules that state that any pedestrian that contributes to an auto accident may not collect for damages.
A personal injury claim for at fault pedestrian can be a very complicated type of injury claim. Due to its complexity, it is very important that you have legal representation. Hire an experienced injury lawyer familiar with the laws surrounding pedestrians and auto accidents. Get advice and receive the compensation you deserve.