Am I Partially at Fault for My Pedestrian Accident?Last updated on: September 5, 2022
Whether you are partially at fault in your pedestrian accident will depend on specific facts of your case, the traffic laws in your city, and the specific roadway where you were injured. Oftentimes, insurance companies will tell personal injury victims that they are partially responsible for their own injury to avoid paying a total claim. Don’t let the insurance company try to talk you into settling for compensation that is less than you deserve.
If you have been injured in an automobile accident, even if it could have been partially your fault, you may have a viable legal claim against the other parties. The experienced accident attorneys from Zinda Law Group can help you with collecting evidence, filing claims, and advocating on your behalf. To schedule a 100% free case evaluation with a Zinda Law Group pedestrian accident attorney today, call (800) 863-5312.
Are you partially at fault for your pedestrian accident?
Pedestrian liability in an auto accident is largely dependent on the traffic laws that govern the accident. These laws are created by state and local governments because pedestrian safety needs are different in every region. For example, in some states, pedestrians have the right of way when it comes to crossing the street, whereas in other states, drivers do not have to yield to pedestrians.
Violating the law puts everyone on the road at risk, regardless of whether you are a pedestrian or a driver. Of course, drivers are responsible for abiding by the laws set forth to keep pedestrians safe, but pedestrians share this responsibility as well. Unfortunately, drivers and pedestrians often endanger one another.
Because pedestrians are at a disadvantage when it comes to being in a collision with an automobile, many traffic laws address driver behavior. However. pedestrians also have a responsibility in keeping themselves safe. In most jurisdictions, the local laws recognize pedestrian responsibility and prohibit behavior such as:
- Going through a crosswalk despite the signal
- Being impaired while walking
- Walking where pedestrians are prohibited (e.g., along the highway, construction zones, etc.)
But even in cases where pedestrians are partially responsible for the accident, that does not mean that they are barred from bringing a claim for compensation. Even If you engaged in these mentioned behaviors that does not mean that it was the primary reason that your accident occurred. Each pedestrian accident case must be individually analyzed in light of the facts, circumstances, and applicable laws.
Understandably, drivers have more rules imposed on them than pedestrians. Drivers are operating heavy motor vehicles that can travel at high speeds. Pedestrians are mostly left defenseless in comparison to a driver. To keep pedestrians safe, motorists should refrain from the following:
- Driving under the influence
- Running red lights
- Texting while driving
When drivers are found to have been breaking the law at the time of the accident, it increases the likelihood that they will be held liable. A personal injury attorney can use their specialized knowledge of the area to see what infractions a driver may have made. Zinda Law Group has over 100 years of combined experience representing injured victims across the country.
What happens when a Pedestrian is at fault for a car accident?
In a collision involving a vehicle and a pedestrian, it might be easiest to blame the driver for the collision. This makes it challenging for a driver to escape accident liability even if a careless pedestrian crossed the street.
Likewise, several things could make it difficult for a pedestrian to prove they were not at fault. For example, if a breathalyzer test was administered to the pedestrian and it showed that the pedestrian was drunk, it will likewise make it difficult for the pedestrian to prove that they were not at fault for the accident.
Whether you were the driver or the pedestrian, you should hire a pedestrian accident attorney to pursue any damages that may be owed to you. The compensation you might receive can cover your medical costs, missed pay, pain and suffering, and automobile property damage. To talk with an experienced car accident attorney from Zinda Law Group, call (800) 863-5312.
How to determine fault in a pedestrian accident
Determining fault in a pedestrian accident can be difficult given the various traffic laws that might be in place. However, in most cases, it is alleged that the defendant negligently injured the plaintiff. There are specific variables that must be considered to determine liability including:
- whether the person who caused the injury took reasonable precautions
- whether the person breached a duty of reasonable care
- whether a pedestrian was hurt because of the traffic violation
- whether the incident led to financial loss for the pedestrian
To prove negligence you will need evidence to support the above-mentioned factors. A pedestrian accident attorney can take the evidence and use it to support your legal claims. Furthermore, they can showcase it to members of the jury to show that your factual allegations are true.
Nonetheless, it’s common to believe that the driver did something wrong when a car hits a pedestrian. To what extent the motorist was genuinely at fault could depend on a variety of other variables. The variables will be points of contention throughout settlement negotiations and at trial.
What are your legal options when you’re partially at fault for your pedestrian accident?
Determining who is accountable for your accident-related costs can be difficult. It’s important to know your legal options after your accident in order to act quickly when taking action against the responsible party. When a car accident involves a pedestrian there are often multiple cars that are involved, and you be able to hold those third parties liable as well.
Some of the people who may be liable for your injuries include:
- Driver Involved in The Accident: This is an obvious connection, but the person driving the car that hit you is most likely the first person who will be looked at to hold responsible.
- Owner of the Car: The driver of the vehicle isn’t always the owner of the car. Additionally, the driver of the car doesn’t always make the best defendant. For example, the driver of the car could be uninsured, whereas the owner has an insurance policy that pays for the damages.
- The Government: Although some aspects of immunity apply when suing the government, they may ultimately be held responsible for your injuries. For example, government agencies have a duty to properly maintain roads and pedestrian walkways. If the government failed to honor its duty and thereby caused your injuries, you can file a claim for your injuries.
Additionally, a person’s connection to the accident may not always be so obvious. For example, if you were hit by a drunk driver who was irresponsibly served alcohol, you may have a claim against the establishment that provided the alcohol. To get help determining who might be liable in your case, call the car accident attorneys from Zinda Law Group at (800) 863-5312.
How to File a Personal Injury Claim
The idea of a lawsuit is to inform the court of the facts of your case in a timely manner. The first step in initiating a lawsuit is to file your complaint with the court. The complaint that you file must be detailed and contain all of your factual allegations.
Second, you must serve the defendant notice that they are due in court. This stage of the litigation is called “service of process.” Service of process must take place, in most lawsuits, within 30 days following the filing of the complaint.
Lastly, it is important to check your claim against the statute of limitations. The statute of limitations provides the deadline for claims to be filed. After a car accident, it’s important to contact a personal injury as the opportunity for filing a claim may be coming to a close.
Need Help? Contact Zinda Law Group Today
If you were injured in an accident, you may be able to sue the driver who hit you, even if you were partially at fault. When a driver hits a pedestrian, the injuries can be devastating. Our pedestrian liability lawyers have advocated for many clients in this situation, and we be there for you, too.
When it comes to hiring an experienced attorney, the lawyers from Zinda Law Group can assess the facts of your case and measure your chances of financial recovery. Our extensive knowledge and experience representing injury victims allow us to accurately assess the viability of your case. As we learn the facts of your case, we can begin to develop a strategy for collecting evidence and for litigation
To schedule a free consultation with a car accident attorney, call (800) 863-5312 today. In addition to your free case evaluation, we also offer a “No Win, No Fee Guarantee ” which means that you won’t pay anything unless we get a favorable outcome in your case.
Meetings with attorneys are available by appointment only.