Pedestrian accidents can be devastating, often resulting in severe injuries due to the sheer vulnerability of individuals on foot against motor vehicles. When such an accident occurs, a crucial question immediately arises: Who’s at fault? While it might seem obvious that the driver is always to blame, the reality of determining fault in pedestrian accidents is often more complex, involving a careful examination of various factors and traffic laws.
The Driver's Responsibility: A Primary Duty of Care
Drivers generally bear a significant responsibility to operate their vehicles safely and be vigilant for pedestrians. This is due to the inherent danger a car poses to a person on foot. Drivers are expected to:
- Yield to Pedestrians: Especially in marked crosswalks, intersections, and often when making turns.
- Obey Traffic Laws: Adhere to speed limits, traffic signals, and stop signs.
- Avoid Distractions: Refrain from using cell phones or engaging in other activities that divert their attention from the road.
- Maintain Control of Their Vehicle: Drive defensively and be prepared to stop suddenly if a pedestrian enters their path.
- Account for Conditions: Drive more cautiously in bad weather, at night, or in areas with high pedestrian traffic.
When a driver fails in these duties, and their negligence leads to a pedestrian accident, they are typically considered at fault.
The Pedestrian's Role: Shared Responsibility
While drivers have a high duty of care, pedestrians also have responsibilities to ensure their own safety and follow traffic laws. A pedestrian can be found partially or even entirely at fault for an accident if they:
- Jaywalk: Cross the street outside of a marked crosswalk or intersection, especially against a “Don’t Walk” signal.
- Disobey Traffic Signals: Cross against a red light or a “Don’t Walk” signal.
- Walk While Intoxicated or Distracted: Be under the influence of drugs or alcohol, or be distracted by a cell phone or headphones, leading to them stepping into traffic unexpectedly.
- Dart into Traffic: Suddenly enter the roadway from behind parked cars or other obstructions, giving drivers no time to react.
- Walk on Highways or Restricted Areas: Enter roadways where pedestrian access is prohibited.
- Fail to Use Available Crosswalks: Opt to cross mid-block when a designated crosswalk is nearby.
It’s important to remember that even if a pedestrian is engaging in risky behavior, a driver is still generally expected to exercise reasonable care to avoid hitting them if they have the opportunity to do so.
Understanding Comparative Negligence
Most U.S. states follow some form of comparative negligence (also known as comparative fault) in personal injury claims, including those involving pedestrian accidents. This legal principle acknowledges that more than one party can contribute to an accident.
There are generally two types of comparative negligence:
- Pure Comparative Negligence: In states with this rule, a pedestrian can recover damages even if they are 99% at fault. However, their compensation will be reduced by their percentage of fault. For example, if a pedestrian is awarded $100,000 but found 30% at fault, they would receive $70,000.
- Modified Comparative Negligence: Most states fall into this category. Under this rule, a pedestrian can only recover damages if their fault does not exceed a certain percentage (often 50% or 51%). If their fault is equal to or greater than that threshold, they are barred from recovering any compensation. If their fault is below the threshold, their damages are reduced by their percentage of fault, similar to pure comparative negligence.
Given the complexities of this legal doctrine, determining the exact percentage of fault can significantly impact your potential compensation.
Factors Influencing Fault Determination
Several factors are meticulously reviewed to establish fault in a pedestrian accident:
- Police Reports: Often provide an initial assessment of the accident, including diagrams, witness statements, and citations issued.
- Witness Testimonies: Eyewitness accounts can offer crucial insights into how the accident occurred.
- Traffic Laws: Violation of traffic signals, right-of-way rules, and speed limits by either the driver or pedestrian.
- Location of Impact: Where on the vehicle the pedestrian was hit, and where on the road the impact occurred.
- Vehicle Speed: How fast the vehicle was traveling at the time of the accident.
- Driver and Pedestrian Actions: Distracted driving, jaywalking, sudden movements, or failure to yield.
- Road Conditions and Visibility: Weather, lighting, road defects, or obstructions that might have contributed to the accident.
- Dashcam or Surveillance Footage: Increasingly available and often provides irrefutable evidence.
An in-depth investigation by a personal injury lawyer is critical to uncover and analyze all these factors.
Seeking Compensation After a Pedestrian Accident
If you’ve been injured in a pedestrian accident, you may be entitled to compensation for your damages, including:
- Medical Expenses: Past and future hospital bills, doctor visits, surgeries, physical therapy, and medication.
- Lost Wages: Income lost due to time off work for recovery.
- Loss of Earning Capacity: If the injury prevents you from returning to your previous job or earning potential.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Other Damages: Such as property damage (e.g., to personal belongings), transportation costs, and necessary home modifications.
Navigating the complexities of determining fault and pursuing a claim can be overwhelming, especially while recovering from serious injuries.
Why You Need a Pedestrian Accident Attorney
Proving fault in pedestrian accidents can be challenging, as drivers and their insurance companies often try to shift blame to the pedestrian. An experienced pedestrian accident lawyer plays a vital role in protecting your rights and maximizing your chances of a fair recovery.
A skilled attorney will:
- Conduct a Thorough Investigation: Gather evidence, interview witnesses, analyze police reports, and reconstruct the accident scene.
- Determine Fault: Accurately assess who is liable based on traffic laws and evidence.
- Navigate Comparative Negligence: Argue against inflated claims of your fault to protect your compensation.
- Negotiate with Insurance Companies: Handle all communications and aggressively advocate for a fair settlement.
- Calculate Full Damages: Ensure all current and future losses are accounted for in your claim.
- Represent You in Court: If a fair settlement cannot be reached, they will prepare and present your case at trial.
At The Aref Law Firm, our dedicated personal injury attorneys have extensive experience representing victims of pedestrian accidents. We understand the devastating impact these incidents can have and are committed to fighting for the justice and compensation our clients deserve. Our firm has a strong track record of success in complex fault disputes, ensuring that even when blame is contested, our clients’ rights are upheld, for example, Anonymized Client Success Story, e.g., “we successfully secured a significant settlement for a client who was initially blamed for crossing outside a crosswalk, by proving the driver was speeding and distracted, ultimately demonstrating the driver’s greater negligence..
Were you or a loved one injured in a pedestrian accident?
Don’t let questions about who’s at fault prevent you from seeking the justice you deserve.
Contact The Aref Law Firm today for a free, no-obligation consultation. Our experienced pedestrian accident lawyers are ready to review your case, clarify the complexities of fault, and help you take the necessary steps toward your recovery.