Pedestrian accidents refer to accidents that involve a pedestrian being struck by a motor vehicle or other means of transportation. These accidents can lead to devastating injuries to the pedestrian, often including catastrophic injuries or death. These accidents are unique in that they often involve disputes over fault and liability between the pedestrian and the driver. In this guide, we will explore the ways in which fault is determined in pedestrian accident cases.
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Contributory Negligence
Contributory negligence is a legal defense that a defendant may use in a pedestrian accident case. This defense is based on the claim that the plaintiff contributed to their injuries and that their negligence led to the accident. In states that follow the contributory negligence rule, plaintiffs cannot recover any damages if they are found to be even partially at fault for the accident.
Comparative Negligence
Many states follow the comparative negligence rule, which allows plaintiffs to recover damages in pedestrian accident cases even if they are partially at fault. In these states, the damages that the plaintiff can recover are reduced by the percentage of fault that is attributed to them. For example, if a plaintiff is found to be 20% at fault for the accident, the damages they can recover will be reduced by 20%.
Presumption of Liability
In some states, there is a presumption of liability on the part of the driver in pedestrian accident cases. This means that if a pedestrian is hit by a car, the driver is presumed to be at fault. The driver can rebut this presumption by showing that the pedestrian was also at fault or that some other factor contributed to the accident. This presumption of liability is based on the fact that pedestrians are considered to be vulnerable road users who are entitled to special protection.
Intersection Accidents
Intersection accidents are the most common type of pedestrian accident. In these accidents, both the driver and the pedestrian may be at fault. The driver may be at fault if they failed to yield the right of way to the pedestrian, ran a red light, or failed to obey traffic signals. The pedestrian may be at fault if they jaywalked or crossed against the traffic signal.
Speeding Accidents
Speeding accidents are another common type of pedestrian accident. In these accidents, the driver may be at fault if they were driving over the speed limit or driving too fast for the conditions. The pedestrian may be at fault if they stepped into the road unexpectedly or were jaywalking.
Drunk Driving Accidents
Drunk driving accidents are particularly dangerous for pedestrians. In these accidents, the driver may be at fault if they were under the influence of alcohol or drugs. The pedestrian may be at fault if they were walking under the influence of alcohol or drugs or were not using crosswalks or other designated pedestrian areas.
Conclusion
Determining fault in pedestrian accidents can be complex and depends on many factors. If you have been involved in a pedestrian accident, it is important to seek legal counsel from an experienced personal injury attorney. They can help you navigate the legal process and determine the best course of action for your case. Remember, always prioritize your safety as a pedestrian and follow designated crossing areas for your protection.