If you were in an accident that involved both a pedestrian and a vehicle, you may think that the pedestrian always has the right-of-way. However, there are cases where an accident may result from the negligent actions of a pedestrian. Determining fault and liability in a car accident with a pedestrian can oftentimes be legally challenging. Learn how fault can be determined and what your legal rights are following an accident.

Driver Fault

Pedestrians oftentimes face catastrophic injuries following an accident with a vehicle and in many cases, the driver of the vehicle will be negligent and responsible. Drivers have a responsibility to ensure that they stay aware of their surroundings to ensure that they do not hit any pedestrians.

Additionally, distracted driving, or driving under the influence of drugs or alcohol often result in pedestrian injuries. In these cases, a driver will be held liable for any injuries suffered by a pedestrian hit in a crosswalk. If a driver is determined to be at fault for the accident, they will likely be responsible for medical bills, lost wages, and the pain and suffering of the pedestrian victim.

Pedestrian Fault

While most people think that the pedestrian always has the right-of-way, this is not always the case, legally. A pedestrian also has a responsibility towards the drivers in traffic and crosswalks. If a pedestrian acted negligently by jaywalking, walking along any highway, bridges or other areas where pedestrians are not allowed, darting out into traffic, walking out into traffic due to texting or another distraction, or crossing against a traffic signal, the pedestrian may be held liable for the accident and responsible for damages or injuries suffered.

Shared Fault

In some cases, there may be situations where both the driver and pedestrian share fault regarding the accident. For example, the pedestrian may have been jaywalking, but the driver was operating a motor vehicle while intoxicated. In these cases, there may be shared fault between the driver and the pedestrian that an experienced accident attorney can help you legally navigate in order to receive the compensation you deserve.

Police Report

In most cases, the police complete a report regarding a pedestrian and vehicle accident and in these cases, they may indicate who they believe was at fault. However, contacting an experienced accident attorney can help you conduct an independent investigation and help correctly determine fault in your accident involving a pedestrian and a car.

Contact a Car Accident Attorney

If you were involved in an accident between a vehicle and a pedestrian, you may have questions regarding who is at fault and will have to pay compensation. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that the correct parties in your accident are held responsible and will help you determine fault so that your legal rights are protected, and you receive the compensation you deserve. Contact our experienced car accident attorneys at 415-946-8900 or online today.