Here's How Compensation And Liability Are Determined In Pedestrian Accidents

In many metropolitan areas of the United States, people walk everywhere they need. Whether it's to save money, save time finding a parking space, for exercise, or for another reason, pedestrians are everywhere, which can pose a danger to them and drivers.

Road hazard accidents are inevitable and can happen anytime. When a car hits a pedestrian, it can cause serious injury. Whether the damage is minor or more severe, getting compensation requires knowing who's liable for the accident. Hiring a pedestrian accident attorney like those from Buckhead Law Saxton Firm, P.C can make fighting for compensation easier. 

How To Determine Who Is Liable

Most people believe that pedestrians are never at fault when it comes to a collision between them and a vehicle. While many times that's true, it's not a legitimate law. Most pedestrians aren't liable for an accident, but there are some cases where the driver might not be at fault.

Lawyers and investigators will assess the following to help determine who is liable for your pedestrian accident. 

Whether There's Walk or Don't Walk Signs Displayed

Crosswalk signs are vital to keeping traffic flowing and pedestrians safe. Legally, pedestrians must follow the crosswalk signs, just like drivers are required to follow what a traffic light says. 

Liability is straightforward if a pedestrian crosses a crosswalk while the light is flashing that they can walk and are struck by a car. The driver can be liable because the pedestrian was legally allowed to walk across the street. 

On the other hand, if a pedestrian ignores the "don't walk" indication on a crosswalk, chooses to cross anyway, and is hit, there's a good chance the driver won't be liable. Now, if the driver purposely hits the pedestrian when they shouldn't be walking, that's another story. These types of pedestrian accidents need to be thoroughly investigated to determine liability and assess the circumstances surrounding the incident. Legal experts can help determine if negligence or intentional harm played a role, ensuring that the responsible party is held accountable for the injuries sustained.

Who Had the Right-of-Way

If a pedestrian needs to cross a road without a crosswalk present, they need to follow the right-of-way rules that a vehicle would. If there's a four-way stop, they need to act like a vehicle and move only when it's their turn. 

If a car collides with a pedestrian when the pedestrian has the right-of-way, the vehicle's driver is likely to be liable. 

If The Pedestrian is Causing an Immediate Hazard

When a pedestrian is causing an immediate hazard, there's a good chance they're going to be found liable in the event of a car accident. What constitutes an immediate hazard?

Things that the vehicle's driver and their attorney could argue as an immediate hazard include the pedestrian leaving a curb suddenly without ample time for the car to stop, standing in a roadway and refusing to move for oncoming traffic, and crossing anywhere without a crosswalk. 

These incidents often happen when the pedestrian isn't paying attention or is on their phone, which can help the driver's attorney prove they were a hazard. Many of these can be hard to prove without witness testimonies and cameras surrounding the accident scene, but it's still possible to prove liability. 

If There's a Sidewalk Available

There will be plenty of sidewalks in the most highly populated pedestrian areas, but that's only the case in some places. When a sidewalk is available, and a pedestrian is walking on it, and a car hits them, they will more than likely not be found liable for the accident since they weren't in the roadway. 

When a sidewalk is available and the pedestrian chooses to walk in the road or bike lane and is hit by a car, the driver may not be at fault because the pedestrian could stay out of the road. Of course, this only applies if the vehicle's driver genuinely hit the pedestrian on accident and not on purpose. 

Final Thoughts

Car accidents can be scary and life-threatening, especially when there are pedestrians involved. Knowing who can be found liable in the event of an accident like this can help determine the amount of compensation you're owed.