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Pedestrian And Car Accident

Civil Law

Getting into a car accident with another car can be traumatizing. However, there are usually ways to determine who is at fault and it’s a fairly simple process to file a claim and try to show that the other driver was negligent in the accident. There are other car accidents that can happen that can turn complicated quickly and proving liability may be difficult. If you were in your car and a pedestrian caused you to get into an accident, you may have many concerns. Though it may have been entirely the pedestrian’s fault, it is much hard to prove that a person who was not in a vehicle caused the person who was in a vehicle to get into an accident. When you believe you have a complicated car accident case and aren’t sure how to proceed, reach out to a lawyer to learn what action you should take. 

What are the rules for pedestrians? 

Is it true that any time a car and a pedestrian are in some kind of accident the driver of the car will always be at fault? Not necessarily. Many people think that pedestrians will always be in the right when it comes to the “right of way”, but pedestrians owe everyone on the road the same duty of care as a driver does. 

What can I do?

The most important thing you can do is to work with a lawyer. Your lawyer will be able to focus on gathering evidence to show how the pedestrian caused the accident to happen and how they are liable for your injuries. It’s true that there are times when even if a pedestrian is doing something illegal (such as jaywalking), the driver may still be at fault or share fault, depending on the state the accident occurred in. If the driver is able to reasonably come to a stop before hitting the pedestrian but still hits the pedestrian, the driver does share a certain amount of fault.  

However, if a pedestrian runs out into the road or jaywalks at a crosswalk and the driver has no reasonable way of seeing them until it’s too late, the pedestrian may be found completely liable for the accident. If you became injured as a result of trying to swerve or from hitting them, you can work with your lawyer to file a claim against their insurance for compensation. 

What if we are both responsible? 

Depending on the state in which this accident occurred, you may find that you are both able to pursue compensation through each other’s insurance and that the percentage of the compensation you can get is lowered depending on how at fault either of you is. Your lawyer will be able to tell you the liability rules for your state and will be able to help you file a claim and argue for fair compensation for the injuries you have sustained. 

When you are ready to pursue compensation for a car-pedestrian accident, don’t hesitate to seek help from a lawyer you can trust. Reach out to a local firm for more information.