When You Are Partially At Fault For a Pedestrian Accident

When You Are Partially At Fault For a Pedestrian Accident

If you often cross busy roads or even lightly-trafficked suburban streets, you likely know the golden rule when it comes to crossing the road: look both directions. This is something that has been ingrained into many of us for years and when we are pedestrians (especially pedestrians on much busier, higher-trafficked areas), we know that it is safest to look both ways before crossing the street. So, if you were the victim in a pedestrian accident, is it always going to be the fault of the driver? Attorneys know that any kind of personal injury case can be confusing when you want to file an insurance claim, but if you believe you are partially responsible for the accident, things may seem even less clear. Find out more information below on what happens if a pedestrian is partially at fault. 

 

Drivers Have a Duty of Care On the Road

It is true that drivers owe other motorists and pedestrians a duty of care when it comes to how they act on the road. That said, pedestrians should also be extending a reasonable amount of care to motorists and other pedestrians on the road as well. While a car driver should be exceptionally careful to ensure they do not hit a pedestrian while driving, it is also possible that the pedestrian jumped out without warning, crossed in an unsafe area, or jaywalked.

 

What ways can a pedestrian cause an accident?

Attorneys have represented many clients who have been partially at-fault for their car-pedestrian accident. Some of the ways this can happen are:

 

  • Wearing dark or black clothing at night while walking along the road
  • Walking into a crosswalk when the crosswalk signal has not turned to the “walk” sign yet
  • Dropping an item into the street and running out to get it
  • Walking into the street without looking in both directions
  • Jaywalking and not crossing in the appropriate “walk” zones

 

In other more serious incidents, some pedestrians may get hit because they were intentionally attempting to distract the driver from paying attention to the road. However, in most cases, it was a benign act or accident that they were not paying full attention.

 

Getting Compensation

So, if you are worried that you are partially at fault, can you still get compensation? In many instances, we have found that a client is partially to blame for an accident. However, comparative fault comes into play. This means that if a pedestrian is seen as 20% at fault for the accident in question, then a jury can decide that they are owed only 80% of the compensation instead of the full 100%.

 

If you believe you are partially at fault for an accident where you sustained an injury as a pedestrian, please reach out to a pedestrian accident lawyer in Memphis, TN who can help get you compensation when you are suffering from painful injuries.

 

Thanks to Wiseman Bray, PLLC for their insight into personal injury claims and fault in pedestrian accidents.

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.


Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Truck Accident Lawyer DC | DC Car Accident Lawyer | Elizabeth, NJ Workers Comp Attorney | DC Personal Injury Attorney | Baltimore Automobile Accident Lawyer | Baltimore Motorcycle Accident Lawyer | Truck Accident Lawyer Baltimore | Baltimore Motorcycle Accident Lawyer | Baltimore Personal Injury Lawyer | Car Accident Lawyer Baltimore | Baltimore Personal Injury Lawyer | Baltimore Motorcycle Accident Lawyers | Baltimore Motorcycle Accident Lawyers | Baltimore Wrongful Death Lawyer | Wrongful Death lawyer Denver CO | Defective Product lawyer Denver CO | Baltimore Motorcycle Accident Attorney | Hair Transplant Santa Monica CA | Car Accident Law Firm Indianapolis | Who is the Top Bankruptcy Lawyer in Cypress, TX


© COPYRIGHT 2020 CRIMINAL LAWYERS OF WASHINGTON, DC | POWERED BY SEO Marketing For Attorneys | PROOF with Jill Stanley