When a pedestrian is hit by a car, the driver is at fault from the police standpoint, but that may not be the case in a personal injury claim. Therefore, it is important to understand how negligence and liability work in personal injury cases to make sure you have a valid claim.
When the Driver is at Fault
If a car hits a pedestrian, then often times the driver is negligent. Because drivers must act responsibly on the road, hitting or injuring a pedestrian is a violation of that duty; therefore, the driver may be accountable for the injuries they have caused.
Also, a driver may be found negligent if they:
- Ran a red light or stop sign
- Were caught speeding or disobeying other traffic laws at the time of the accident
- Failed to yield to a crosswalk
- Distracted while driving such as texting
- Were drunk while driving
Lastly, if a driver speeds or hits a child in a school zone, especially while children are present, they are acting negligently.
When a Pedestrian is at Fault
While pedestrians often have the right away, they still must act reasonably. Jumping in front of a car that is clearly coming and has the right away is not acting responsibly on the road. So, there are times a pedestrian could be held liable for a driver’s injuries or at least part of their injuries.
Some examples where a pedestrian may be negligent include:
- Crossing at a “do not walk” sign
- Running or walking into the flow of traffic
- Darting or playing in between moving vehicles
Pedestrians must be aware of the traffic around them just like a driver must be aware of their surroundings.
Comparative Fault and Your Personal Injury Case
Whether you are a driver or a pedestrian injured in a pedestrian-vehicle accident
, you may be entitled to compensation. But, the comparative fault rule
may apply to your case; therefore, if you were partially responsible for the accident, such as jumping in front of a moving vehicle, you may not receive full compensation.
In these types of cases involving pedestrians and vehicles, regardless of who is at fault, you should speak to a skilled pedestrian accident attorney
. An attorney can help assess your case and see who was negligent as well as estimate how much compensation you deserve.
Meet with the attorneys at Fetterman & Associates, PA
today for a free consultation regarding your personal injury case.
: How to Avoid a Pedestrian Accident