Pedestrian accidents can happen unexpectedly and often result in serious injuries. Determining who is at fault in these cases is essential for pursuing compensation. Fault can lie with multiple parties, depending on the circumstances surrounding the incident. Understanding these possibilities by retaining the assistance of a skilled pedestrian accident lawyer can help clarify the next steps after an accident. Our friends at Goldman Law know what to look for in order to determine fault.
The Driver’s Responsibility
In many cases, the driver is found at fault in a pedestrian accident. Drivers are required to follow traffic laws, remain vigilant, and yield to pedestrians when appropriate. Common driver errors that lead to pedestrian accidents include distracted driving, speeding, running red lights, or failing to yield at crosswalks. A driver who is under the influence of drugs or alcohol is especially likely to be held liable due to impaired judgment and reaction time. Evidence such as dashcam footage, eyewitness statements, or police reports can help establish fault.
Pedestrian Negligence
While drivers are often held responsible, pedestrians also have a duty to follow traffic laws and prioritize their safety. A pedestrian may share some or all of the fault if they ignored traffic signals, jaywalked, or entered the roadway suddenly, making it impossible for a driver to stop in time. In such cases, liability may be split, and the concept of comparative negligence may apply. This means that the pedestrian’s level of fault could reduce the amount of compensation they are entitled to receive.
Municipalities And Poor Infrastructure
Sometimes, the fault lies not with the driver or pedestrian but with the municipality responsible for maintaining roadways and public spaces. Poorly designed crosswalks, broken traffic signals, inadequate street lighting, or missing signage can create hazardous conditions that lead to accidents. If these factors played a role, the municipality may be held accountable. However, pursuing a claim against a government entity often involves specific procedures and timelines, making legal guidance critical. Pedestrian accident attorneys know how to seek the maximum amount of compensation for damages in cases like this.
Vehicle Manufacturers And Mechanical Failures
In rare instances, mechanical failures in a vehicle can contribute to a pedestrian accident. Faulty brakes, steering malfunctions, or defective tires could prevent a driver from avoiding an accident. In such cases, the vehicle manufacturer or mechanic responsible for maintenance may share liability. Investigating the vehicle’s condition and maintenance records is key to identifying this type of fault.
Third Parties Involved In The Accident
There are situations where a third party’s actions contribute to a pedestrian accident. For example, if another driver behaved recklessly, causing the primary driver to swerve into a pedestrian, that third-party driver may share liability. Similarly, a business that obstructed the sidewalk or roadway with equipment or signage could also be partially responsible for the accident.
How To Navigate Complex Liability Issues
Determining fault in a pedestrian accident often involves gathering evidence, reviewing traffic laws, and consulting with experts. Accident reconstruction specialists, witness statements, and surveillance footage can all play a role in painting a clear picture of what happened. In many cases, more than one party may share liability, complicating the process of pursuing compensation.
Seek Guidance For Your Case
If you or a loved one has been involved in a pedestrian accident, understanding who is at fault is an important first step in pursuing justice and compensation. Pedestrian accident attorneys can help navigate the complexities, protect your rights, and ensure all liable parties are held accountable.
Contact an experienced lawyer today to explore your options and take the first step toward recovery. The Eskesen Law Firm can attest that support can make all the difference when facing the challenges of a pedestrian accident case.