When a pedestrian is hit by a car, they need and deserve to know who is at fault for the accident. Pedestrian accidents often result in serious injuries because of the force and speed of the vehicle compared to a person on foot. Personal injury attorney Louis B. Himmelstein explains fault for pedestrian-car accidents.
Who is at fault when a pedestrian is hit by a car?
Who is at fault when a pedestrian is hit by a car is the party whose unreasonable actions cause the accident. Usually, it is the car driver who is negligent and breaks traffic rules. However, either the pedestrian or the car driver could contribute to the accident. Who is at fault when a pedestrian is hit by a car is whichever party breaks traffic laws or behaves negligently in a way that leads to the accident.
Examples of pedestrian fault for car accidents
Some examples of pedestrian fault for car accidents include:
- Walking on the roadway when it is dimly lit
- Throwing an object into the road
- Disobeying a walk signal for pedestrians
- Going in places where pedestrian traffic isn’t allowed like highways
- Walking in the road while intoxicated
Any kind of negligent behavior can make the pedestrian at fault for a car accident. However, a car driver’s negligent behavior can also be grounds for legal liability.
Legal standards for pedestrian-car accidents
The standard for both the car driver and the pedestrian is reasonable behavior. Both the car driver and the pedestrian have to behave in a safe and reasonable manner. When an accident occurs, the legal standards look at the actions of each party leading up to the accident. It’s possible that both parties can have some level of liability. When an accident occurs with a pedestrian, a personal injury attorney can help you determine who is at fault.
When a car driver hits a pedestrian, and they are determined to be negligent, they may owe the pedestrian for their damages. Pennsylvania uses a hybrid system of no-fault and at-fault legal liability for car accidents. No-fault benefits may come into play for a pedestrian, but the pedestrian shouldn’t assume that they don’t have a right to at-fault compensation. A pedestrian has the right to the full award of compensation based on their actual injuries and the law that applies to the case.
Personal injury attorneys for pedestrian-car accidents
A pedestrian-car accident personal injury law firm can help a victim understand their legal rights. In order to receive the compensation that you deserve, you must file the appropriate claim whether it is with an insurance company or a formal court action. In order to get fair compensation, you must understand what you deserve and how to prove that the payment that is appropriate. If you’ve been in a car accident, our personal injury law firm can help you fight for your rights. Call us today to talk about your case.