Car accidents that involve pedestrians often result in significant injury for the pedestrian and minimal damage or injury for the driver. This can lead to costly insurance claims and personal injury lawsuits for those that get into car accidents with pedestrians.
While many believe that pedestrians always have the “right of way,” this is not always true. In some cases, accidents are the fault of the pedestrian, not the driver.
If you have recently been involved in a car accident with a pedestrian or have been injured by a car while being a pedestrian, contact a proven car accident lawyer at Steinberg Injury lawyers to schedule your free, no-obligation, initial consultation today.
Learn more about car accidents involving pedestrians below.
How is Fault Determined in Pedestrian Accident Cases?
In some cases, there is clear evidence the driver was to blame for hitting a pedestrian. However, most pedestrian-involved car accidents are not that simple. Fault in a car accident involving a pedestrian is determined similarly to a fault in a car-on-car accident.
Negligence is the determining factor in who gets the blame and how much of it they get. If a pedestrian does not obey traffic laws (i.e., crosswalks, street signs, etc.) and it results in an accident, they will likely incur all (or at least some) of the blame.
Additionally, if a driver gets into an accident with another driver (and not the pedestrian) to avoid hitting the pedestrian, the person on foot may be liable for damages and injuries. It is not always easy to determine who is at fault. Contact a car accident lawyer in your area to ensure that you are protected.
What if Blame For the Accident is Shared?
Sometimes, the pedestrian and the driver share some of the faults for the accident. For example, if a driver hit a pedestrian (that’s illegally crossing the road) while speeding, it could result in the blame for the accident being shared since both parties were negligent.
The result of shared-fault pedestrian-involved car accidents will mostly depend on the accident’s circumstances and the state you live in. If you live in a state that subscribes to a contributory negligence system, a plaintiff cannot recover damages if they share any fault in the accident.
If your state has a comparative negligence system, it will be allocated to each party based on its facts. Check with your car accident lawyer to get a greater understanding of your state’s personal injury laws and how they apply to your case.
Protect Yourself, Contact Steinberg Injury Lawyers Today
Whether you are the plaintiff or defendant in a pedestrian-involved car accident, it is recommended that you protect yourself legally. This is especially true if the accident has resulted in significant property damage and injuries.
If you have recently been involved in a car accident involving a pedestrian, don’t wait until it’s too late to seek the counsel of a car accident attorney in Los Angeles.
Contact Steinberg Injury Lawyers at 1-800-989-6385 to schedule your free, no-hassle, initial consultation today.