When a Car Hits a Pedestrian: Determining Fault
Pedestrian accidents happen and can range in severity from minor fender benders to severe injuries and even fatalities. One major question that comes up after a pedestrian accident is who is at fault. If you’re involved in a pedestrian accident, it’s important to know your rights and the laws that apply in your state.
Understanding Fault in Pedestrian Accidents
In the United States, fault is typically determined based on the legal theory of negligence. Negligence is a failure to exercise the level of care that a reasonable person would have exercised in the same situation. In other words, if a person’s actions (or inaction) fall below the standard of care and cause an injury or damage, that person may be found negligent.
Determining Fault in Pedestrian Accidents
Determining fault in pedestrian accidents can be complex and depends on the specific facts of each case. Generally, fault is assigned based on the following factors:
- Duty of care: Both drivers and pedestrians have a duty of care to act reasonably and avoid causing harm to others. Drivers must obey traffic laws, drive safely, and be aware of pedestrians. Pedestrians must also be aware of their surroundings and cross the street safely.
- Breach of duty: If a driver or pedestrian fails to act reasonably and causes an accident, they may be considered to have breached their duty of care. For example, a driver who runs a red light or speeds may be found to have breached their duty of care to other drivers and pedestrians.
- Causation: It is not enough to show that a driver or pedestrian breached their duty of care. You must also show that their breach of duty caused the accident. For example, if a driver runs a red light but the pedestrian was already in the crosswalk before the light changed, the driver may not be found to have caused the accident.
- Damages: If you are injured in a pedestrian accident, you may be entitled to compensation for your damages. Damages can include medical expenses, lost wages, pain and suffering, and other expenses.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen for a variety of reasons, according to the NHTSA, including:
- Distracted driving: Drivers who are talking on their cell phones, texting, or eating are more likely to cause accidents.
- Speeding: Speeding drivers have less time to react to pedestrians and are more likely to cause serious injuries or fatalities.
- Drunk driving: Drunk drivers are impaired and more likely to make poor decisions that can lead to accidents.
- Jaywalking: Pedestrians who jaywalk are also more likely to be involved in accidents.
Tips for Avoiding Pedestrian Accidents
As a pedestrian, there are a number of things you can do to avoid being involved in an accident:
- Be aware of your surroundings. Pay attention to traffic and be aware of cars that are approaching.
- Cross the street safely. Only cross at designated crosswalks and obey traffic lights.
- Make eye contact with drivers. Before crossing the street, make eye contact with drivers to make sure they see you.
- Wear bright clothing. If you are walking at night, wear bright clothing to make yourself more visible to drivers.
- Be aware of distracted drivers. Be especially careful of drivers who are talking on their cell phones or texting.
Conclusion
Pedestrian accidents can have devastating consequences. If you are involved in a pedestrian accident, it’s important to know your rights and the laws that apply in your state. By following the tips above, you can help reduce your risk of being involved in an accident.
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