In the case of pedestrian accidents, the liability generally falls on the negligent drivers. However, it is not the norm. In some instances where two vehicles are involved, the determination of liability becomes more complicated. Consult a car accident lawyer to clear your doubts regarding the case. A lawyer can help victims file claims and seek compensation.
Duty of Care for Drivers and Pedestrians
The motorists and pedestrians must fulfill some requirements on the road. All drivers are legally obligated to act with reasonable care and precaution. They must follow all the traffic regulations and ensure that they do not cause an accident due to their negligence. They must act responsibly and drive so that no harm is caused to the safety of other people on the road.
Along with drivers, this obligation applies to pedestrians and cycle owners. They must ensure that they follow all the safety measures required and do not cause an accident.
Suppose a driver, cyclist, or pedestrian fails to maintain the duty of care and causes an accident. In that case, the responsibility for compensating damages or injuries will fall on the negligent driver, pedestrian, or cyclist.
Determining Fault in a Pedestrian Crash
The location of the accident plays a crucial role in determining the liability. If the crash occurred near a crosswalk, the driver would be held responsible for the accident as the pedestrian is entitled to the right of way.
However, there are certain exceptions to this, as sometimes pedestrians walk in areas outside the designated crosswalk. An accident caused at such a location will have a different outcome in terms of liability. The pedestrian may have some proportion of fault in the crash in these circumstances, especially if the driver had significantly less reaction time for preventing a crash.
If the pedestrian is found to be crossing the street during the “Don’t walk” signal, they will be held liable to some extent in case an accident takes place.
The accident’s timing is also an influential factor in determining the liability. If the accident occurred around night or evening and the pedestrian was found walking in a low visibility area, the pedestrian will be liable to a certain degree.
Pedestrians under the influence will also be considered liable if any accident occurs due to their negligence.
Proving Pedestrian Liability
It is difficult to prove that the pedestrian was liable for an accident. Evidence like traffic footage, pictures of the accident, witness testimonies, and police reports can help you to strengthen your case. Along with that, make sure to hire a lawyer for the legal representation of your case.