The aftermath of a pedestrian accident can be painful and complex. When a motorist and a pedestrian collide, many people assume that the driver is always to blame, though that simply isn’t always true. There are times when pedestrians are to blame, which is what makes determining liability potentially complicated after these accidents. If you were involved in a pedestrian accident, our Dublin pedestrian accident lawyer explains what you need to know below.
Who is Liable for a Pedestrian Accident?
To determine who is liable for a pedestrian accident, it is important to consider a wide array of factors. Drivers are usually held liable for a pedestrian accident that caused an injury or fatality. When a pedestrian accident happens within a crosswalk or when a pedestrian has been given the signal to ‘walk,’ drivers are almost always held liable.
Because many pedestrian accidents happen when it is dark, drivers should be especially careful when they are using roads that are also frequented by pedestrians. This is particularly true when there are no sidewalks available. Even in these situations though, determining liability can become complex if a pedestrian was not wearing reflective or light-colored clothing. Another factor that may affect liability is if the pedestrian was distracted by their phone or otherwise not paying attention.
Pedestrians also have a certain duty of care on the roads. Anyone walking should only cross the street when there is a crosswalk available. In the event that there is not a crosswalk available, pedestrians should not simply cross the street without caution: they must yield the right-of-way to drivers and always look both ways to ensure the way is clear to cross.
Pedestrian Accidents and Comparative Fault
It is possible for multiple parties to be at fault for a pedestrian accident. For example, a motorist may be speeding when a pedestrian steps into the street without using a crosswalk. In instances such as these, both parties will be assigned a percentage of fault.
Under the comparative fault laws of the state, accident victims can still file a claim for compensation as long as they are 50 percent or less at fault for the crash. However, any damages they are awarded will be reduced by their same percentage of fault. In the above example, the pedestrian may be assigned 20 percent of liability while the driver may be assigned 80 percent. If the pedestrian was awarded $100,000 in damages, they would then receive $80,000 in total.
Our Pedestrian Accident Lawyer in Dublin Can Determine Liability
If you have been hurt in an accident, it is critical that you obtain sound legal advice right away. At Oliver Law Office, our Dublin pedestrian accident lawyer can determine who was to blame for your crash and can hold them fully accountable for paying the fair settlement you are entitled to. Call us now at (614)-220-9100 or chat with us online to request a case evaluation and to get the legal help you need.
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