Pedestrian accidents tend to result in severe injuries or fatalities because of the substantial size disparity between pedestrians and larger, heavier vehicles and the lack of protection around a pedestrian. Unlike occupants of motor vehicles who are shielded by structures, seat belts, and airbags, pedestrians have minimal physical protection, leaving them very vulnerable to serious injuries. What is a pedestrian as fault car accident? Let’s take a closer look.
If you or a loved one was injured as a pedestrian, you may be dealing with a severe injury and extensive recovery time. If there is uncertainty over who was at fault for the accident, that only increases the stress around the accident. Contact an experienced, local personal injury lawyer as soon as possible to discuss your legal rights.
What is a Pedestrian at Fault Car Accident?
Determining liability in a pedestrian versus car accident can be complex and depends on the specific circumstances of each case. However, there are some common situations where a pedestrian may be considered at fault:
- Jaywalking. If a pedestrian crosses the street outside of a designated crosswalk, they may be considered at fault.
- Distracted walking. If a pedestrian has their head buried in their phone or other device and walks into traffic as a result.
- Ignoring walk signals. Pedestrians are generally expected to obey traffic signals. If a pedestrian crosses against a “Do Not Walk” signal and gets hit, they might be held responsible.
- Being intoxicated: If a pedestrian is under the influence of alcohol or drugs and their impaired state contributes to the accident.
- Unexpected entry into traffic: If a pedestrian suddenly enters the roadway without giving drivers adequate time to react.
- Walking in prohibited areas: Pedestrians are expected to use sidewalks and designated paths. If they walk on roadways where pedestrian access is prohibited, they may be at fault.
Car insurance companies use a variety of tools to help determine liability accurately, including a review of local traffic laws, witness statements, and any available evidence, such as surveillance footage or police reports. If involved parties are unable to reach an agreement, car accident attorneys may need to be involved to assess liability and ensure the claim is resolved fairly.
Can Both Parties be At Fault in An Accident?
It’s important to note that liability can be shared in some cases. Washington State is a comparative fault state, which means that fault can be shared in a personal injury case. Damages are awarded based on contributory fault law, which says that you may only be awarded damages proportional to the percentage of fault contributed by the defendant and nothing for the amount of fault that you contributed. So, if a pedestrian is struck by a car but it is determined that the pedestrian was 60 percent at fault for the accident, they may only collect 40% of the value of the settlement.
Seek the help of a pedestrian accident lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer. Let an experienced pedestrian accident attorney fight for the full compensation that you deserve. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!Top of Form