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.
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 Patterson Bray for their insight into personal injury claims and fault in pedestrian accidents.