Who is At Fault in a Pedestrian Accident? Unconscious Man Lying On Street After Accident Electric Scooter

Auto Accident Lawyer

Pedestrians and drivers must do their part whenever they are in shared spaces, especially in places with congestion or highly trafficked areas. Unfortunately, accidents that result in pedestrian injuries are common because one party fails to pay attention or acts in a negligent way. If there is an accident involving a driver and a pedestrian, who exactly is at fault? The answer is not always simple, as an auto accident lawyer like one from John K. Zaid & Associates can explain. 

When the Driver is Distracted

Drivers must always scan the road and yield to individuals who have right of way, especially pedestrians. This is especially important in crowded areas near commercial establishments and neighborhoods. If a driver is distracted, the driver can be held liable for not following the law and not paying attention to their surroundings, which could have helped them avoid the collision. 

When the Pedestrian is at Fault 

There can be instances where a pedestrian is at fault in a car accident. Just because a pedestrian usually has the right of way doesn’t mean that they are never at fault. Pedestrians are not legally able to go on all roads, such as highways. A pedestrian can be held liable for things like vehicle damage, medical expenses, and lost wages. 

When Both Parties Contributed to the Accident 

Some cases are much more complex, such as when both the driver and pedestrian contributed to the accident. In cases where both parties are at fault, the court may decide to split the blame between them. Each party may be entitled to partial or full compensation. 

States have varying laws when it comes to liability and determining who is at fault. Negligence laws are examined in order to determine which parties are eligible to recover damages. These laws can be broken down into comparative negligence laws and contributory negligence laws. Some states operate on comparative negligence laws, which distribute fault according to the percentage that each party contributed. For example, in these states if both parties were at fault they will still be able to recover compensation proportionate to the percentage that they were at fault. However, in states that have contributory laws, if a person is even minimally at fault they will not be able to recover compensation at all. 

If you need legal assistance after suffering an injury in a car accident, call a trusted auto accident lawyer today for immediate help.