When A Pedestrian Is At-Fault For An Accident
When you obtain your license, from that very first day you are responsible for seeing that all other drivers and pedestrians sharing the roadways are safe. This is why, when you hit a pedestrian, you could be held liable for their injuries because you were not careful. But what happens in a situation where you believe the pedestrian was at fault for their own injuries? In many situations, a car driver must be cautious when they know that people are nearby. If somebody sees pedestrians and doesn’t slow down, this means they could be held liable for any injuries caused. You may find yourself in a particular predicament and wonder what laws apply to the situation. Now you can find out if a pedestrian will be held liable for the accident. (1)
“Right of Way” and Determining Fault
You may have heard over and over again, “Pedestrians always have the right of way.” This will sometimes give the assumption that a pedestrian can never be at fault for their accident, but this is not the case. Just as with drivers of vehicles, there are many scenarios in which a pedestrian is clearly at fault for the accident. This is the instance in many cases because some pedestrians are not careful when determining when they should leave a sidewalk or shoulder to enter a roadway.
So how is fault determined in these very crucial cases? Every person is expected to exercise reasonable care under the circumstances. This means that, just like drivers, a pedestrian must obey traffic laws and “rules of the road” for any place a vehicle can also go, such as streets and highways. This means that, if one person fails to use their reasonable care and causes harm to another, they could be found negligent. This happens regardless of who was driving and who was walking. If a pedestrian does not utilize proper care and causes an accident, the pedestrian will be found to be at fault. A driver of a vehicle may not be able to stop in time if a pedestrian zooms in between two parked cars and out onto the roadways, for instance. This means the pedestrian will be liable for all damages caused to the driver.
What if the Fault is Shared?
Depending on the state where you reside, there may be contributory or comparative negligence. Here are the two, further explained:
- Contributory Negligence: Under this type of negligence, the defendant must be able to show that the plaintiff’s negligence contributed to the accident. If this happens, the plaintiff will not be able to recover anything from defendant. This is one system that has the harshest penalties of all.
- Comparative Negligence: If the plaintiff is even slightly at fault for the accident, under this negligence the defendant’s liability will simply be reduced. There is a pure comparative negligence system that splits liability evenly between the two, and another known as “modified” that splits according to the percentage of fault. (2)
Yes, drivers and pedestrians alike share a duty of care and must exercise this at all times. However, sometimes accidents happen and you may wonder where you can turn or what steps to take next. Depending on your state, the rules may differ, which is why you should have an experienced attorney to handle your complex cases. At RAWA Law Group, we are there for you. Call us today to find out more about your case and how we will handle it for you.
