Many individuals assume that a pedestrian couldn’t be at fault if he or she is hit by someone driving a car. While that is true in many situations, it’s not always the case. There are many accidents that end with the pedestrian being determined at fault for the incident, either in whole or in part. The following explains why.
Reasonable Level of Care
Under the law, every individual is required to use a reasonable level of care in his or her life. This means someone shouldn’t drive while drinking, or should fix an uneven break in his or her sidewalk. It also means that as a pedestrian, you have an obligation to make smart decisions. While pedestrians usually have the right of way, they don’t always have the right of way.
Pedestrians are required to abide by the law. If someone is walking down the street, fails to use a reasonable level of care, and is struck by a car as a result, that pedestrian could be at fault. Some examples of not using a reasonable level of care include:
- Walking out into a street from between two parked cars in an area that does not have a crosswalk.
- Crossing at a crosswalk when the “Don’t Walk” sign was lit up late at night.
- Running out in front of a car on a road with a high enough speed limit that the car didn’t have time to stop.
As you can see in the examples above, there are some times when the pedestrian is clearly at fault. Not every case is as cut and dry as those, however. Sometimes it looks as though one party is at fault, but upon further investigation, it is discovered both parties played a part in the accident and they share fault. For example:
- Someone walked out from between two cars and was jaywalking, but the driver of the car who hit the pedestrian was also driving 20 mph over the limit and therefore couldn’t stop.
- Someone walked at a “Don’t Walk” sign in broad daylight, and a driver failed to practice caution leading up to the crosswalk.
Receiving Legal Help
Whether you’re the driver or the pedestrian, an auto/pedestrian accident calls for the legal assistance of a personal injury lawyer. If you were hit by a car, or hit someone while you were behind the wheel, contact your attorney, like a personal injury lawyer from MartinWren, P.C., today to get that legal help you need.