Can Pedestrians be At-fault for a Car Accident?

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In many pedestrian accidents, the driver is usually found to be at fault. Drivers often don’t pay attention in areas where there is heavy pedestrian traffic and are sometimes speeding.

Without the safety features of a car, pedestrians are helpless on the road. This may be the reason many believe the idea that “pedestrians always have the right of way.” While it is often assumed that a pedestrian can’t be at fault for a car accident, it’s not always the case.

However, there may be times when pedestrians could be found at fault for getting in an accident with a motor vehicle. An experienced lawyer at One Law Group will be prepared to examine your claim and help determine who’s at fault.

If the driver is clearly at fault for a pedestrian accident, the pedestrian is typically able to recover compensation from the driver or the driver’s insurance. It’s more than likely that the insurance company likely won’t try to fight it.

On the other hand, if the pedestrian is to blame for the accident, they will probably not be able to recover compensation for injuries. The driver may be able to sue the pedestrian for any damage caused to the car, or any injuries to the driver.

A few common scenarios where pedestrians may be found at least partially at fault in an accident include:

  • Crossing the street outside of a crosswalk
  • Crossing in the crosswalk, but against “Do Not Walk” command
  • Entering a street or highway while under the influence
  • Walking along highways or bridges where pedestrians aren’t allowed

Shared Fault in Pedestrian Accident Cases

Even when a pedestrian holds some blame for causing an accident, there is a chance that the driver of the vehicle is also partially at fault. For example, a pedestrian may be jaywalking, but the driver wasn’t driving at a safe speed or was distracted and not able to stop in time.

Essentially, contributory negligence is an uncompromising system. If you want to learn more about your options in an auto accident case, give One Law Group in Beverly Hills a call today at (844)626-1529.

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