Exploring Pedestrian Liability In A Car-Pedestrian Accident

Car-pedestrian accidents are, sadly, a very common phenomenon. Such accidents can play out in various ways. Whether the pedestrian is fool-hardy and attempts to make a risky crossing at a crosswalk or a driver is simply not paying attention, car-pedestrian accidents run the risk of being very gruesome, and, in many cases, fatal.

Although liability may be the least of your worries if you are involved in such an accident, it is something you should be acutely aware of. The legal status of responsibility in car-pedestrian accidents should be common knowledge to everyone, regardless of whether you are a pedestrian or automobile driver. Throughout the course of this article, you will learn several things about these accidents, such as when the driver is liable, when a pedestrian could possibly be liable, and shared fault liabilities.

When Is The Driver Liable?

In almost every car-pedestrian accident, automobile drivers are liable. The legal term "responsibility of due care" or simply "due care" applies to automobile drivers in personal injury cases such as these. This simply means that you are supposed to take a reasonable amount of care regarding your driving habits. Making sure that all of the road legalities are obeyed (such as making sure that your turn signals are on), obeying posted speed limits, and paying attention to posted road signs are all phenomenon that are covered under responsibility to due care.

It is not only imperative, but also legally required, that all drivers pay vigilant attention to the road and its laws. If such laws are violated, even slightly, and a pedestrian is involved in a car accident, the onus of liability will almost always fall upon the driver.

When Would The Pedestrian Possibly Be Liable?

Personal injury cases where a pedestrian is found to be held liable in car-pedestrian accident are few and far between, but there are certain cases where this is a possibility. For example, if a pedestrian walks into the roadway from behind a parked car, and the car is following all of the rules of the road, a pedestrian can be held accountable for any damages that the driver must pay for his or her accident. There are some cases where a driver going a bit above the speed limit can win a case, insofar as the pedestrian walked onto the roadway from behind a parked car.

Shared Fault Liability

Shared fault liability is a tricky status to navigate. Depending on the state, shared fault liability may work in different ways. In most cases, a jury will decide which percentage each party will owe in footing the bills. Shared fault liability judgments usually only occurs if both parties are acting erratically or abnormally. For example, if a pedestrian is jay walking, but the automobile driver is driving 20 miles above the speed limit, a jury may find shared liability to be the most product legal response.

As you can see, there is quite a bit to digest when it comes to car-pedestrian accident liabilities. These are dangerous accidents, which can easily become a fatal phenomenon. It is recommended that you take all precautions that you can – whether you're an automobile driver or a pedestrian – to prevent such accidents from occurring. Preventative measures aside, one should still be aware of the legal liability status you may take on if you are in such an accident. Hopefully, armed with the knowledge you have garnered from this brief article, you will be adequately prepared for any court dates you may be required to attend. Whether the automobile driver, pedestrian, or both parties are at fault, you have learned a solid amount about determining car-pedestrian accident liability. For more information, contact a personal injury attorney.