When a car accident happens because a driver hits a pedestrian, it’s usually assumed that the driver was at fault. However, that’s not always the case. Sometimes it’s the pedestrian who causes the collision. So, how is it determined who was at fault?
Well, that conclusion is decided based on a variety of factors. Continue reading to learn more about determining fault.
Circumstances When a Driver Is at Fault
There are rules that drivers must follow in order to avoid a car accident. When it comes to determining fault, there are several ways to decide if the driver is the responsible party. Key indicators include the following:
- Running a red light
- Not looking out for pedestrians before turning
- Failing to yield and stop when driving behind school buses
- Driving fast in school zones and areas near parks
- Driving fast through neighborhoods
- Not yielding to a pedestrian
- Not giving a bicycle the right away
- Not yielding to pedestrian crosswalks
These circumstances don’t always apply when a pedestrian is hit by a driver. There are other factors to consider, like what the driver was doing at the time of the accident?
Were they paying attention? Were they intoxicated? Was the driver driving on the right side of the road? All of these questions are asked when determining fault.
It’s also important to realize that there are situations where the driver may not be able to control whether they hit a pedestrian. For example, it’s hard to see a person walking at night.
Circumstances When a Pedestrian Is at Fault
Pedestrians aren’t always the victim in car accident cases. Many times a collision results from negligent behavior such as:
- Not looking both ways before crossing the street
- Darting into traffic and not allowing time for cars to slow down
- Wearing dark clothing while walking at night
- Crossing the street while intoxicated
- Misjudging the speed limit of incoming traffic
Pedestrians have a responsibility to themselves to make sure that they are safe while they are walking near traffic. Not to mention, jaywalking is a big problem that often leads to accidents.
In instances of jaywalking, the driver cannot anticipate whether or not a person is going to be in the road at a specific location. That’s why jaywalking is against the law.
Unfortunately, the pedestrian is usually the one that’s hurt during a collision because they are outside of the car and don’t have the same protection as the driver. That’s one of the main pedestrian problems that pedestrians face. In situations where the victim is injured, but they’re the party at fault, it creates a confusing mess.
Determining Fault After a Car Accident
After a car accident between a driver and pedestrian, it’s difficult to determine who’s at fault. However, a personal injury lawyer can help to sort things out and compensate the victim.
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