Unfortunately, car accidents are all too common and often result in severe injury or death. In the United States, there are over six million car accidents yearly. Of these accidents, around three million result in damages, and over two million results in fatalities. A large majority of car accidents are caused by human error. But what happens if a pedestrian is at fault in a car and pedestrian accident? This blog will explore that question in depth and clarify the matter.
Who Is at Fault If a Pedestrian Is Hit by A Car?
If a pedestrian is hit by a car, the driver is almost always at fault. This is because drivers are responsible for ensuring the safety of all pedestrians on the road. Drivers are expected to yield to pedestrians and exercise caution when driving near them.
There are some exceptions to this rule, however. If a pedestrian is crossing the road illegally, or if they are acting in a way that is deemed negligent, they may be held at least partially responsible for the pedestrian accident.
For example, if a pedestrian crosses the road outside of a marked crosswalk, they may be held liable if they are hit by a car. Similarly, if a pedestrian is intoxicated and staggers into the road, they may be responsible for the pedestrian accident.
In most cases, however, the driver will be held solely responsible for any accident that results in a pedestrian being hit by a car.
What Are the Consequences of A Pedestrian Accident By A Car?
If a pedestrian is at fault in a car accident, they may be held liable for any damage caused. This may include damage to the car and any injuries the driver or passengers sustain. In some cases, the pedestrian may also be charged with a crime, such as reckless endangerment.
The consequences of a pedestrian being at fault in a car accident will vary depending on the accident’s severity and the state’s laws. In some states, a pedestrian may only be held liable for property damage, while others may face significant fines and even jail time.
It is important to note that even if a pedestrian is found to be at fault in a car accident, they will still likely be entitled to some compensation from the driver. This is because drivers are expected to have insurance that will cover them in the event of an accident, regardless of who is at fault.
How Can Pedestrians Avoid Being at Fault In An Accident?
There are a few simple things pedestrians can do to avoid being at fault in an accident.
First, they should always use marked crosswalks and obey all traffic signals.
Second, they should stay alert and be aware of their surroundings. And finally, they should never drink and walk.
By following these simple tips, pedestrians can help to ensure their safety and avoid being at fault in an accident.
The Bottom Line
If you are a pedestrian and involved in a pedestrian accident, the chances are good that the driver will be held responsible. However, there are some exceptions to this rule, and in some cases, the pedestrian may be held at least partially liable. If you are ever in doubt, it is always best to speak to an experienced car accident attorney who can help you understand your rights and options.
If a pedestrian is responsible for a car accident, they may be required to pay for the damages. Pedestrians who cross the street outside of a crosswalk or jaywalk may be found at fault. If you have been involved in an accident, call Garcia and Phan at (714) 586-8298 for assistance. We will assist you in determining who is at fault and how to proceed.