Can A Pedestrian Be At Fault In A Car Pedestrian Accident?

Pedestrian accidents can be catastrophic, often leading to serious injuries and even fatalities. While drivers are often held liable for accidents involving pedestrians, it is possible for a pedestrian to be found at fault in a car-pedestrian accident. However, determining fault in these cases can be complex. In this blog post, we will explore the different factors that are taken into consideration when determining pedestrian accident liability. We will also discuss how an experienced pedestrian accident attorney can help you with your case.

Negligence

In most pedestrian accidents, a driver is found to be negligent, meaning they failed to exercise reasonable care while driving. However, pedestrians can also be found negligent if they fail to exercise reasonable care for their own safety. Examples of pedestrian negligence include jaywalking, crossing outside of a crosswalk, and walking under the influence of drugs or alcohol.

Right of Way

Each state has different laws regarding the right of way between pedestrians and vehicles. In some states, pedestrians always have the right of way, while in others, vehicles have the right of way in certain circumstances. When determining fault in a car-pedestrian accident, the right of way laws in the state where the accident occurred will be examined.

Contributory Negligence

Contributory negligence is a legal concept that refers to situations in which both parties involved in an accident were partially responsible for the incident. In states with contributory negligence laws, if a pedestrian contributed to the accident in any way, they may be barred from recovering any compensation.

Damages

In pedestrian accident cases, damages refer to the financial compensation the injured party may be entitled to. If a pedestrian is found to be partially or fully responsible for an accident, their damages may be reduced or eliminated altogether.