Our Blog

Can The Pedestrian Be At Fault In Pedestrian Vs. Car Accidents?

Tuesday, May 9th, 2017
Blog Post Thumbnail Thumbnail

In car accidents involving a pedestrian, the pedestrian may be partially or wholly to blame. Pedestrians are vulnerable to being hit by vehicles because they have no protection against these large machines. Unfortunately, a pedestrian can be seriously injured in this type of accident. Many assume that pedestrians cannot be at fault for a car accident, but that is not always the case. The following will discuss the instances in which a pedestrian may be partially or wholly at fault for causing a car accident.

Determining fault in a pedestrian accident case

Some scenarios clearly show that a driver is at fault for hitting a pedestrian. A driver would be at fault if they ran a stoplight, failed to stop at a crosswalk, or disobeyed traffic laws in some other way. Generally, pedestrians have an increased chance of avoiding car accidents than those driving vehicles. Pedestrian accidents are not that common, and when they do occur, they may be the result of a pedestrian entering the roadway at the wrong time.

How can fault be determined in such accidents? As with most cases, the law of negligence will determine who is at fault. Each person on the road, whether a driver or pedestrian, is expected to exercise a reasonable amount of care under a set of circumstances. If either party fails to act with care and ends up causing harm, the law considers them negligent. If a pedestrian were to run out from behind two parked cars and into the path of an oncoming vehicle. This could be considered negligence on the part of the pedestrian if the driver did not have time to avoid hitting them.

Shared fault in car vs. pedestrian accidents

There are times when a driver and pedestrian are both at fault for a car accident. Consider what would happen if the driver is speeding when a pedestrian runs into the road. If this were the case, both could be at fault for the accident. If a personal injury lawsuit is filed and both are found at fault, the outcome varies from state to state. Speaking to an experienced car accident lawyer can help you understand how fault will be determined in your state.

Seek the advice of a personal injury attorney

Whether you were the driver or the pedestrian hurt in a car accident, it is wise to seek the help of an experienced personal injury lawyer. Your car accident lawyer can help you navigate complicated legal processes and help you receive the compensation you deserve for your injuries. Insurance companies will attempt to make you settle or try to get you to admit fault. The less time you have without an attorney fighting with you, the better.

If you are searching for an experienced personal injury lawyer, contact Attorney Dean Boyd today. You can call us at (806) 242-3333 or Contact Us by email to learn more about our services. You can also visit our office at 4423 SW 45th Ave in Amarillo, Texas or 10623 Quaker Ave #102 in Lubbock, Texas for more information about how we can help you.

*The content on this website is for informational purposes only and should not be taken as legal advice. Viewing this information does not establish/constitute an attorney-client relationship with the law firm of Attorney Dean Boyd.