pedestrian accidents

Pedestrian Accidents Overview: When is a Pedestrian at Fault for an Accident?

Every year, over 14% of all traffic fatalities in the United States involved the death of a pedestrian. That’s quite a frightening number.

Globally, between 20 and 50 million people suffer from non-fatal injuries related to pedestrian car accidents that often result in a disability.

Pedestrian accidents happen frequently. Unfortunately, pedestrian traffic laws are not common knowledge in the United States. It’s difficult to know right off the bat if a pedestrian accident was the fault of the pedestrian or the operator of the involved vehicle. It’s time to shed light on pedestrian accidents.

When people are involved in pedestrian accidents in Pueblo, Colorado, we suggest seeking out the counsel of a pedestrian accident lawyer. Our guide is a great way to get educated on your own, but pedestrian accident lawyers can look at your case and offer realistic and practical solutions.

When the Pedestrian is at Fault

There are a few situations that could prove problematic for pedestrians involved in an auto pedestrian accident. Pedestrians may also be found to be at “partial” fault depending on the situation.

  • The pedestrian was under the influence of drugs or alcohol while walking down a street or freeway.
  • A reliable witness stated to police, jurors, or insurance adjusters that the accident was the fault of the pedestrian.
  • The pedestrian was jaywalking or crossing a street outside of the parameters of a crosswalk.
  • There is proof that the pedestrian was walking on a road, highway, bridge or causeway where pedestrians are not allowed to be and there are plenty of signs to deter them.
  • The pedestrian is a child and was improperly supervised by a parent or guardian.

It’s worth noting that if a pedestrian is found to be at fault for an accident, they will likely not be able to recover compensation for injuries incurred. The driver may also be able to sue the pedestrian for injuries to the driver or damage to the vehicle.

When the Pedestrian is Not at Fault

When it comes to a pedestrian accident case, there are more situations in which the driver is at fault rather than the pedestrian.

  • A reliable witness stated to police, jurors, or insurance adjusters that the accident was the fault of the driver.
  • There is proof that the driver was speeding.
  • The driver is found to not have been abiding by “duty of care.” This is essentially the duty of the driver to drive slower and more carefully when pedestrians are present. Even if the speed limit is abided by, the driver may still be at fault for not driving even slower upon noticing a child running in the street.
  • There is proof that the driver was driving recklessly.
  • There is proof that the driver was under the influence of drugs or alcohol.
  • The driver left the scene immediately before calling the police, a.k.a. a “hit and run.”

If a driver is found to be at fault for the injuries of a pedestrian, the pedestrian may be able to sue for injuries. Most of the time insurance companies will not put up much of a fight but will probably try to make a very low initial offer in the settlement.

If you’ve been involved in a pedestrian accident involving a car, we understand your concern. The laws surrounding such incidents are not widely known. Hopefully, our guide can give you some insight into your options. If you happen to be in Westminster, Colorado, we suggest looking into a pedestrian accident attorney that can properly take on your case and offer insight that self-research cannot.  Contact Alhasoon, Glidden & Glidden today for a no-obligation consultation today!

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