Can a Pedestrian Be at Fault in a Car Accident?

Can a Pedestrian Be at Fault in a Car Accident?

Accidents that involve pedestrians mostly lead to serious injuries for the person on foot and minimum injury or damage for the one behind the wheel. It is believed by many that pedestrians always have the ‘right of way’, which is not true. In some cases, the accident may be caused because of the pedestrian. 

Now you may ask, could a pedestrian be held liable for a car accident? 

The answer to this would be, of course! From the legal standpoint, both pedestrians and drivers have an equal duty of care, negligence or carelessness on anyone’s side could directly lead to a major accident. For example, a pedestrian could dart out from behind a parked car without looking for an upcoming car. 

If you were recently involved in a car accident with a pedestrian or were injured by a car while being a pedestrian, it’s advisable to get in touch with a New York pedestrian accident lawyer to help you fight a fair legal case. 

Determining Fault in Pedestrian Accident Cases

Accidents that involve pedestrians are not that simple when it comes to determining who was responsible for them. There are some cases with clear evidence of the driver being at fault but in other cases it is difficult to find out who is liable for the accident. 

Negligence is the major factor that determines who gets the blame for the accident. If the pedestrian has been negligent in adhering to the traffic rules, then it is likely that they will incur all (or at least some) of the blame. 

Furthermore, if a driver hits another vehicle while trying to save a pedestrian on the road, in that case also the person on foot may be held liable for injuries and damages. Determining who is at fault is not easy, so get in touch with a New York pedestrian accident lawyer in your area to ensure that you are well protected.

If the Pedestrian is at Fault, What Happens Then?

On studying the case if it is determined that the pedestrian is at fault, then the pedestrian will not be able to recover any compensation for their injuries. In fact, the driver involved in the accident may be able to sue the pedestrian for compensation for any kind of damage caused to their car or for any injuries that happened in the car-pedestrian accident.

Some examples of behavior that result in a pedestrian being responsible for an injury accident: –

  • Crossing busy roads or highways without paying attention to the traffic controls
  • Not looking for upcoming traffic on a busy road
  • Crossing outside of the crosswalk
  • Walking along bridges, highways or other areas where pedestrians don’t have legal access. 
  • Crossing against traffic control signals. 

Get in Touch with Experienced Injury Attorneys

Whether you are the claim filer or a defendant in a pedestrian-involved car accident, it is recommended to contact a New York pedestrian accident lawyer who can help you protect your legal rights. Do not wait until it’s too late. You and your family does not deserve to suffer any kind of physical or mental trauma because of someone else’s negligence.  Siler & Ingber team of attorneys understand the finest nuances of personal injury law and insurance. The entire team of Siler & Ingber is there for you. Schedule a meeting as soon as possible to get the compensation you rightfully deserve. 

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