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In What Situations Pedestrians Are Liable For Car Accident?


In many car accident cases, pedestrians are found at fault. Often, drivers do not pay attention in heavy pedestrian traffic areas and do overspeeding which makes matters worse. However, many times, it’s pedestrians who are responsible for getting in an accident with a car.

Are you finding it hard to prove the fault of the pedestrian? And tired of searching ‘good lawyer for car accident near me’ to consult for personal injury case then continue reading this to know more about accidents involving pedestrians.

Negligence Behavior of the Pedestrian

The same legal duty imposes on drivers and pedestrians to practice reasonable care and take steps to avoid the accident. If either of them fails to fulfill their duty, they are responsible to another person they have harmed. Below have some reckless action by pedestrians that contribute to or cause the road accident:

  • Not looking while crossing the street/road
  • Walking or crossing while intoxicated
  • Impeding traffic while crossing
  • When pedestrian cross the street before signal indicate that it is safe to proceed
  • Crossing road or street in prohibited areas
  • Running into the road or streets
  • Jaywalking in ways that violate the road rules

City municipalities can reduce the number of fatalities of pedestrians by taking the following proactive measures:

  • More crosswalk signs should be added
  • Increase lighting in areas where the pedestrian ratio is high
  • Reminding drivers that as per state law they have to stop for the pedestrians at the crosswalks
  • To prevent jaywalking as fencing to the medians

Partial Fault In an Accident

There are times when both pedestrian and driver are partially responsible for the accident. In such a situation, the victim is eligible to claim the damages. In many states, if the fault of the victim for the accident is less than 50 percent then they can still pursue recovery amount.

The other party will try to prove that the victim is partially or mostly responsible for the crash. The victim will not get damages they suffered like medical expenses, lost wages, or property damage, if the other party proves successfully that the fault of the victim is 50% or more in the accident.

Even if the other party is unable to prove that the victim is more responsible for the accident then they will try to prove that they were partially at fault. They will spend their full force in proving this so that the jury held the victim mostly responsible for the accident. Thus, their liability will proportionally reduce.

For example, if the damages claimant suffered are $100, 000 and the defendant proves that the claimant is 40% for the crash, then most the victim would receive is $60, 000. The jury determines how much fault is of both or multiple parties.

The jury assesses all the evidence that all parties present. Here is what evidence you need to prove the fault of the other party.

  • Electronic data stored in the vehicle
  • Property damage
  • Traffic or security camera footage
  • Recorded footage of dashcam
  • Debris location from the wreck

The approximate speed of the vehicle and skid marks which points when braking started

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About the Author

Dain Dreyer is a highly qualified and dedicated Texas Personal Injury & Family Law Lawyer who can help you in your time of need.

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