How Can Fault Be Determined in a Pedestrian Accident?

A pedestrian accident is any accident or collision involving a person walking or running and a vehicle such as a car, bicycle, motorcycle, bus, etc. Pedestrian accidents are common in busy city settings but can happen anywhere including suburban towns or rural farmland. They can be extremely damaging because of the unprotected nature of the pedestrian, so determining fault is important. If you or someone you know was involved in a pedestrian accident, contact a Hartford County pedestrian accident attorney for legal help from an experienced lawyer.

How Can Pedestrian Accidents Occur?

There are a variety of actions that a driver or a pedestrian can take that may result in an accident. Though more common in densely populated areas, a pedestrian accident can occur at any place and at any time. Some common causes of such an accident can include:

Distracted driving

  • Distracted driving is a leading cause of pedestrian accidents. Eating and drinking, fiddling with the GPS or radio, texting, calling, and more can cause a driver to take their full attention off of the road. This can result in a collision with a pedestrian.

Intoxicated driving

  • Consuming alcohol or drugs has a detrimental impact on a person’s ability to safely operate a vehicle. With worsened reaction times and blurry vision, drunk driving can cause a driver to hit and injure a pedestrian.

Driver negligence

  • Disobeying the law can result in an accident as well. For example, excessive speeding or failure to stop at a red light or stop sign can result in a driver losing control or not seeing a pedestrian in time to prevent an accident.

Poor road conditions

  • Inclement weather such as rain, fog, and snow can impair a driver’s vision or cause hydroplaning, resulting in a collision. Poorly maintained roads or lack of proper signage can also contribute to a pedestrian accident.

Pedestrian behavior

  • Illegal actions on the part of a pedestrian can also be a contributing factor in an accident. Jaywalking, running out into the street, intoxication, and crossing without a walking light can all result in a driver hitting the pedestrian.

Who is at Fault for a Pedestrian Accident?

Determining who is at fault in a pedestrian accident will also determine who is liable for covering the costs of property damage and medical expenses. A court or judge will determine who was negligent or most negligent. For example, if a pedestrian had a green light to cross the street but the driver was texting on their phone and hit them, the driver was negligent and would be at fault. However, if a driver was going down the street at a legal speed and a drunk pedestrian ran out into the middle of the street causing a collision, the pedestrian was negligent and is at fault.

It is important to note that each party can be assigned a percentage of the liability. Even if the pedestrian shared part of the liability they may be able to collect damages for their injuries. Contact a skilled attorney for legal advice during your pedestrian accident case.

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