There is a popular belief that the pedestrian will always have the right of way. This belief has led to some having a complete disregard for the safety and rules relating to bikers, skaters and walkers. These individuals now have a sense of entitlement that has taken over logic and resulted in pedestrians creating dangerous situations for themselves, drivers and others.
If pedestrians think they don’t have to pay attention to the traffic or follow established traffic laws because they believe vehicles should always be the ones to stop for them, then this can cause serious issues and the increase the possibility of pedestrian accidents.
Understanding more about pedestrian accidents and what situations dictate who is at fault Pcan help you know what to do if you are ever injured in this type of situation.
Driver vs. Pedestrian Fault in Pedestrian Accidents
In more serious pedestrian accidents, the pedestrian is typically going to suffer the worst of the injuries and, as a result, be considered the “victim.” The driver of the vehicle, who will typically experience much less severe injuries, is considered the one who is at fault in most situations. However, this isn’t always going to be the case. There are several factors that go into determining fault, including the circumstances of the situation, the actions of each person involved and more.
When is the Pedestrian at Fault in Pedestrian Accidents?
A pedestrian may be at fault in situations when:
- The pedestrian does not pay attention to the fact that the vehicle has the right of way.
- The pedestrian disregards all traffic laws, including walking against signals, jaywalking, and walking in areas where pedestrians are not allowed, such as on shoulders, ramps, and bridges.
- The pedestrian did not show reasonable care.
Even though the reckless actions of a pedestrian may result in a serious and devastating accident, the vehicle’s driver may also be considered at-fault if they disregarded the laws that led to the accident.
When is the Driver at Fault in Pedestrian Accidents?
The situations when a driver may be considered at fault include the following:
- The driver hit a pedestrian when they had the clear right of way, had a walk signal or was in the crosswalk.
- The driver had plenty of time to stop but they were distracted and therefore did not see the pedestrian in time to avoid the accident.
- The driver was intoxicated.
- The drivers speeding resulted in them not seeing the pedestrian or the high speed they were traveling resulted in worse trauma to the person hit.
- The driver left the scene.
Regardless of if you are the driver or pedestrian, it is important to practice common sense and follow safety rules to prevent serious accidents from taking place. However, even with all these precautions, there is no way that you can control another person’s actions or their poor decisions. This is why it is a good idea to hire an attorney if you are injured in a pedestrian accident.
If you have been injured in a pedestrian accident and need legal help, contact our team of attorneys at Hilton and Somer by calling (703) 560-0700.
Additional Reading
Top Risky Driving Behaviors that May Increase the Risk of a Car Accident
