Pedestrian hit by car, who Is At Fault? A lot of People usually ask me this question.
But, Far from journalistic analysis, this topic is not so simple legally speaking.
Therefore, The alarming number of deaths among pedestrians in accidents is clear evidence for every one.
So, A brief reframing of the situation clearly shows the increasing number of victims in the USA: About 1.3 million people are being killed globally by vehicle crashes every year, a huge proportion of them pedestrians.
Likewise, In order to understand the pedestrian situation in the traffic system, this topic needs careful analysis.
So, In the first, and according to law, what’s the pedestrian?
We will not “dwell” on this aspect which I examine and analyze in a previous article.(link)
The subject, in my opinion, needs and requires that I dissect, analyze it with meticulousness.
For this, we will attack the legal aspects posed by this scourge in society.
In the like manner, and as You Know, pedestrians are one of the most at-risk groups of roadway users. the pedestrian on the road is the most vulnerable to other parts.
How and Why to approach The pedestrian’s questions?
Because discernment of this topic necessitates and obliges us, inevitably, to answer the peoples and to get them helps.
The pedestrian can be a victim such he can be at fault! witch cases!
Did the Driver Stop at the Accident Scene or hit and run?
Pedestrian Car Accidents: Could the Pedestrian Be at Fault?
Who Was at Fault for the Vehicle-Versus-Pedestrian Accident?
Can the pedestrian at fault in a car crash hire a pedestrian accident attorney?
So, the answer to these questions prompts us to, at first, highlight as much as possible the different legal aspects of the subject, (overview of legal the situations) secondly, we will give you some advice if you are the victim of an accident as a pedestrian.
And finally, in 3rd point also as an answer to your frequent question “what are the specific cases where I could hire a pedestrian accident attorney?”
Overview of Legal pedestrian accidents situations
The inquiry question commonly asked is, Who was at Fault for the Vehicle-Versus-Pedestrian Accident?
But, this question is not as simple as you are led to believe. Because analyzing accidents from a “journalistic” point of view is not the prerogative of the Lawyer or an attorney neither for the citizen.
Even though pedestrians generally have the right-of-way, but the fact remains that there are generally three aspects commonly known to everyone despite the fact that most people assume that when a pedestrian hit by car, the driver of the vehicle is going to be found at fault:
– The driver considered at-fault:
The common Violations for drivers include:
- Failure to stop for a pedestrian in a crosswalk,
- Passing a vehicle stopped for a pedestrian in a crosswalk,
- Failure to yield the right-of-way to pedestrians crossing on a “walk” signal,
- Failure to stop at a clearly marked stop line, or failure to yield to a pedestrian on a right turn on red,
- Disregarding weather or traffic conditions
- Driving under the influence of drugs or alcohol
- Other violations might encounter include speeding and DWI/DUI, as well as outstanding warrants and impaired pedestrians.
Pedestrian accident, Legal Consequences, and Charges :
- The driver after a pedestrian car accident doesn’t leave the accident scene and collaborate with the pedestrian and the police. In this case, you’ll be able to pursue compensation through the driver’s car insurance carrier, or via a personal injury lawsuit, as discussed above.
- if the driver leaves the accident’s scene and hits and runs, this will circumscribe your lawsuit case as a felony it is a crime with all that it would imply legally.
In this case, if the police track him down, identify and locate the hit-and-run driver, you may want to discuss your options with a pedestrian accident attorney, especially if you suffered significant injuries or the pedestrian dead immediately or after, his family can sue in court.
-“Shared Fault” in Pedestrian accident
At “Shared Fault” Everyone must respect the laws of the road. It is prohibited in law for a pedestrian to jaywalk, or walk on areas of a highway or suddenly run across the crosswalk.
Globally, and as mentioned above, pedestrians are vulnerable on the road and so are deemed to have a better chance of avoiding car collision, compared with vehicle drivers
But, in some cases, the pedestrian acted negligently and may have caused an accident.
So, we usually heard ” Pedestrian hit by car”. But What if the pedestrian was at fault? for example by crossing against the light or run in front of the car?
As known, it’s forbidden for a pedestrian to jaywalk or walked out from between parked cars in the middle of a narrow street or walk on areas of a highway or road.
The common violations for pedestrians include:
- Distracting on the road: Calling, texting, playing games using a cell phone on the road,
- Failure to obey a “walk” or “don’t walk” signal,
- Negligence to yield the right-of-way to a vehicle,
- failure to cross at a signalized intersection,
- Or crossing an intersection diagonally.
Can the driver sue the pedestrian?
It is rarely done in reality, but the driver has to prove the pedestrian negligently and may have contributed to an accident.
What should you do if you get hit by a car?
There are some tips before an after being involved in a pedestrian car accident.
Before the accident, the following precautions must be taken:
- Tell your family that you’ll be outdoor,
- Take your document identity in your pocket,
- Install the geo-localisation apps In your Cellphone and share it with your family to help them and the police to find you easily if you’re injured or dead,
- Avoid jaywalking,
- Not walking when you’re under influence of stupefaction,
- To be present in high traffic places,
- Be careful and consider all drivers “fools” or “idiots” or “drunkards” and they can harm you.
After the accident, what you must do?
- Call the police immediately
- Don’t leave the scene of the accident before help arrives
- Gather names and phone numbers of any witnesses
- Don’t make any statements to anyone, including drivers and insurers
The accident occurs, what you must not to do?
After a car accident, avoid these common missteps to protect yourself and your legal rights.
- Leave the accident scene,
- Forget to call 911,
- Forget to document the car accident,
- Admit fault,
- Speak to the other party’s insurance company without a lawyer.
Do I need to hire a Pedestrian accident attorney
Quickly, a pedestrian accident attorney can help in the worst-case scenario to determine Fault, to fix the time to file, settle and sue. Also, he can protect you against insurance companies.
Finally, I recommend you not make mistakes that will cost you a lot by speaking to the party’s insurance company without a pedestrian accident attorney because It might be potentially, heavy consequences against you.
This aspect will be our next article!