Both drivers and pedestrians are responsible for following traffic laws and maintaining a safe environment on the roads. So, when determining fault in an accident, multiple factors must be considered, including carefully analyzing both parties’ actions leading up to the incident.
Figuring out the person at fault in a pedestrian accident can be quite complicated, especially without the proper knowledge or experience. So, it’s best to have a reliable lawyer to help you. Here’s what you need to know when determining fault in a pedestrian accident.
When Is the Driver at Fault in a Pedestrian Accident?
There are many ways a driver may be held liable for the accident. This may include negligent behaviors that may lead to a collision between a car and a pedestrian. Some questions you may ask to determine these behaviors are:
- Was the driver driving where they were allowed to?
- Was the driver maintaining a safe and appropriate speed?
- Was the driver paying attention to the road?
The driver would have very little or no fault in a pedestrian accident if they followed the above. If they failed to do one or more of these things, they will bear at least some fault. Meanwhile, if the pedestrian did not contribute to the accident through any wrongful actions, the driver would likely bear most or all of the fault. Here are some common ways the driver may cause these accidents:
- Speeding
- Drunk driving
- Failing to yield to pedestrians
- Not looking out for pedestrians
- Running lights or signs
- Making improper turns
When Is the Pedestrian at Fault in the Accident?
Many people think the pedestrian always has the right of way and assume the driver is always at fault. But, sometimes, the pedestrian may have done something wrong while the driver obeyed all traffic regulations. Some key questions to answer to evaluate the situation are:
- Was the pedestrian violating any laws?
- Did they have the right of way?
If the pedestrian had the right of way and was not breaking any laws, it’s highly unlikely that they will be held liable. However, if the pedestrian was jaywalking or engaging in activities that violate traffic laws, they may be considered partially or fully at fault for the incident. Other common cases where pedestrians are held liable for an accident include:
- Jaywalking
- Entering a roadway while intoxicated
- Not looking before crossing the road
- Being distracted, like texting while walking
- Darting into traffic unexpectedly
Still, there are other instances where both parties share fault, such as when a driver is speeding and a pedestrian is jaywalking. With the help of a professional, you can better make sense of this incident and file any necessary claims.
Talk to a Trusted Pedestrian Accident Lawyer
Learning to determine fault in a pedestrian accident is helpful should you become involved in one. Still, navigating the legal complexities of the incident can be overwhelming without the right legal assistance. So, it’s best to seek help from an experienced lawyer. Contact our pedestrian accident lawyers at Frenkel & Frenkel for reliable legal representation in Dallas, TX.
