Determining Fault in Pedestrian Accidents
If you were injured in a pedestrian accident and would like to claim compensation for your losses, it is worth consulting with a pedestrian accident lawyer who can help you understand your rights. In this article, we will look more closely into the issue of fault in pedestrian accidents and how this may affect your claim.
Pedestrian Fault
Pedestrians are clearly more vulnerable to being hurt in an accident but this does not always make it easy to determine which party was at fault. Outlined below are various scenarios where a pedestrian can be deemed to be liable for an accident on the road.- Breach of duty: Just like drivers, pedestrians also have a duty of care on the roads. This duty entails exercising reasonable care by adhering to traffic laws and other applicable rules. If a pedestrian breaches this duty of care, it can lead to negligence on their part, potentially resulting in liability for the accident.
- Jaywalking: A pedestrian who jaywalks and fails to use a crosswalk may be held liable for their resulting accident with a vehicle. They can also be held liable for any damage to other vehicles, as well as any injuries to others resulting from the driver taking reasonable measures to avoid hitting them.
Shared Fault
In some cases, both a pedestrian and a driver may be at fault for an accident. For instance, in a situation where a pedestrian was crossing the road unlawfully, or jaywalking, when a car collided with them, but the driver was over the speed limit at the time.While the pedestrian is negligent by not using a crosswalk, the driver has failed to obey the speed limits and has less time to take adequate steps to avoid hitting the pedestrian. In such a scenario, both parties would be at fault and would, therefore, share legal liability for the accident. If the case went to trial, the outcome would depend on the laws adopted by the state.
- Comparative negligence: Most states adopt some form of this rule which attributes liability to each party. According to the ‘pure comparative negligence’ rule, liability is based on the percentage of fault of each party. So, if $100,000 damages are awarded to a pedestrian who is deemed to be 40% at fault for the accident, they will only be entitled to $60,000 from the driver.
Under the stricter ‘modified comparative negligence’ rule, the pedestrian will only be entitled to damages if they were less than 50% at fault for the accident. For example, if the judge found the pedestrian to be 55% at fault, they would be precluded from recovering anything.
- Contributory negligence: Applied in fewer states, under this rule the pedestrian will be completely barred from receiving compensation for their injuries if they are found to be responsible for the accident to any extent whatsoever. States that follow the contributory negligence rule include Alabama, Maryland, North Carolina, and Virginia.
Various factors determine liability in pedestrian accident cases. Knowing these can help you understand the extent to which you can recover damages for the injuries you sustained.
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Posted - 10/05/2023
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