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Who is At Fault in a Pedestrian Car Accident?

You have heard it said that “pedestrians have the right of way,” but pedestrians can be held liable for car accidents just as drivers can. Both pedestrians and drivers of motor vehicles have to obey the rules of the road. When these rules are not followed, serious accidents can occur.

If you were driving and hit a pedestrian, then consider the following:

  • Did the pedestrian have a “walk” sign?
  • Was the pedestrian crossing in a designated area?
  • If the accident was at night, was the pedestrian wearing dark clothing?
  • If the accident involved a bicyclist, did the bicycle and/or bicyclist have proper reflective gear on?
  • Did the pedestrian attempt to make eye contact with you before entering the road?

If you were walking/running and were hit by a car, consider the following:

  • Did the vehicle appear to be driving over the designated speed limit?
  • Did you have the right-of-way or a “walk” signal?
  • Did the driver motion to you to “go ahead”?
  • Were you jaywalking or in another undesignated part of the road?

These are questions that we might ask our potential clients when evaluating their case. If we discover that you or someone you love was injured in an accident because a driver or pedestrian was not adhering to the rules of the road, then you might have a claim. In some cases, both parties could be held partially at-fault for the accident. To learn more, call and speak with Shook & Stone directly.