When Pedestrians Cause Car Accidents

When pedestrians are involved in a car accident, usually it is understood that the pedestrians are the victims and the car driver is the one who is at fault for the accident. This is generally the case, but not always what occurs. There are instances where pedestrians are to blame for the accident, either completely or only partially. As in any type of injury claim or lawsuit, it is important to determine who is at fault for the accident in order to see the legal responsibilities or each party.

In order to help determine who is at fault for the accident between a car driver and a pedestrian, there are many factors that the jury or judge will look into. Among the most important ones are the testimonies from witnesses, police report, gathered and presented evidence, and applicable laws for the case. When the car driver is the one determined to have caused the accident, awards may be given to the pedestrian in form of compensation for the injuries and damages brought about by the accident. However, in instances where the pedestrians caused the accident, the driver will have legal right to sue the pedestrian for the damages and injuries.

There are many ways in which a pedestrian can be the one responsible for the car accident, such as instances where they consciously commit jaywalking or crossing outside the crosswalk, crossing against the traffic signal, walking in areas where pedestrians are restricted, and even entering the street or highway while under the influence of alcohol or drugs.

Unfortunately though, even when the pedestrians caused the accident there are still some fault that is shared by the car driver. When shared has been determined by the court, two basic legal concepts are considered, depending on the state in which the accident occurred. States that follow pure comparative negligence rule would award compensation to the injured victim but the award will be reduced by the amount equivalent to the percent of fault the victim contributed to the accident. Another form of comparative negligence is the modified comparative negligence, where the injured person can be awarded compensation provided that they bear less than 50 percent of the blame for the accident.

Contributory negligence is the second type of rule used by several states. States that follow this implements the rule that if a person involved in the accident contributed in the accident, no matter how small the blame, they will not have legal right for compensation. In car-pedestrian accident cases where both parties contributed to the accident, they will be the one responsible for their injuries and damages caused by the accident. Although both parties do not have legal right to sue each other, though, they are still given the right to file for a claim from their own insurance provider.

One Responseto “When Pedestrians Cause Car Accidents”

  1. Do you have a facebook where I can see more posts like this?

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