In car accidents involving a pedestrian, it is easy to ensure that the car driver is at fault. However, this is not always the case. There are situations where the pedestrian may be liable for the accidents. Click here to talk to a lawyer and learn more about pedestrian accidents.
How is fault determined in pedestrian car accidents?
The person responsible for paying for the financial expenses of a car accident is the one who initially acted negligently and caused the accident. Four elements are involved in negligence:
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Duty of care
The person who acted negligently owed you a duty of care.
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Breach of duty
The person violated their duty of care due to their negligence.
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Causation
It was their breach of duty of care that caused you damages.
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Damages
Your damages were a direct result of the breach of duty of care and were not preexisting.
When is a driver at fault?
Any negligent behavior could cause an accident between a car and a pedestrian. Some of them are:
- Distracted driving
- Driving under the influence of alcohol or drugs
- Excessive speeding or overspeeding
- Making improper turns
- Failure to yield the right of way
- Rideshares
- Running lights or signs
All of these can lead to the negligent driver being liable for the accident. Many, if not all, of these behaviors, are a breach of the duty of care.
When is another driver at fault?
There may be situations where more than one car is involved in a pedestrian accident. In such situations, another driver who did not hit the pedestrian may also be held liable if they were the one who caused the collision.
When is the pedestrian at fault?
Pedestrians can also act negligently, for example:
- Being under the influence of alcohol or drugs
- Being distracted, for example, by texting while walking
- Rushing into traffic unexpectedly
- Crossing outside of a crosswalk
According to the Georgia Governor’s Office of Highway Safety, while jaywalking is not illegal in most situations, pedestrians should still yield to traffic. Thus, while crossing outside a designated area may not be illegal or negligent, failing to watch for traffic can put a pedestrian at fault if they are hit.
Have you been involved in a pedestrian accident?
If you or a loved one has been injured in a pedestrian accident, you need professional legal help. Get in touch with a skilled pedestrian accident attorney and determine your legal options and what steps you can take next.
