Pedestrian Liability

Understanding liability in an accident is of the utmost important after sustaining an injury in an automobile accident, and it generally does not matter if this is the driver of a vehicle or the pedestrian involved. Knowing if the pedestrian is to blame or at fault for the incident could help the driver of a passenger vehicle recover damages in court.

The right of way is important in an accident involving a pedestrian. If the person on the sidewalk or the side of the road is acting as he or she should, it is normally not possible to hold him or her at fault for the collision. However, if the pedestrian is listening to music and not paying attention or using a cell phone and looking down, he or she could cause the accident. This is even possible in a crosswalk where the pedestrians have the right of way. There are certain situations where this does not hold true. It is important for the driver in a vehicle to contact a lawyer to determine if there is sufficient cause for a claim against the pedestrian.

Determining Fault in the Accident

To determine if the pedestrian is at fault, some cases involve witnesses that see and observe the accident as it happens. Others have traffic camera surveillance. These and other pieces of evidence provide the courts with enough data to determine that the pedestrian is at fault. However, many other claims involve hearsay or third-party statements. Then, it is important to have enough evidence to proceed with the case through other means. In many states, if the pedestrian is even partially at fault, he or she may need to pay out compensation to the driver of the vehicle.

The Insurance Adjuster

While accidents could lead to criminal charges depending on the circumstances, the pedestrian in an accident may face civil court for fault in the incident. The insurance adjuster will investigate the matter and determine if the pedestrian is at least partially at fault for the event. The carrier will have the car and any evidence at the scene to use in determining what actually happened during the situation along with any witness statements and the police report. The adjuster may even hire an expert witness to help with the case and reconstruct the incident. In these matters, the pedestrian may face litigation through the courts for his or her responsibility for the accident.

On the other side, the pedestrian may become the plaintiff if the driver is at fault for the accident. Then, the pedestrian may have a chance at recovering compensation from the insurance company that the driver possesses. While the insurance adjuster may only offer a lowball figure, through legal support of a lawyer, it is often possible to recover a greater amount to ensure a full recovery from the injuries and damage caused. However, the plaintiff would need to prove that the driver is liable and not the pedestrian. Through the use of evidence and witnesses, the courts will need to determine the outcome.

Liability of the Pedestrian

There are common factors that could connect the pedestrian to liability in an accident claim. Proving he or she is partially or fully at fault is the goal of the driver or insurance provider. This is possible if the person commits a traffic crime at the time such as jaywalking, walking in a portion of the street other than the crosswalk or an immediate jaunt into traffic. If the person does not pay attention to traffic signals such as the lights or a crosswalk command, he or she may have some fault in the incident. If the pedestrian consumed alcohol or drugs and entered traffic, he or she is generally responsible for the accident.