Who is Liable in a Pedestrian Accident?
It always comes down to the details when determining who is liable in any accident, including pedestrian accidents. It is not uncommon to automatically assume that a driver is the one who will be to blame for the resulting damages. But, this is not always true.
Despite the major injuries and physical bodily harm that a pedestrian can sustain when an accident happens, a driver may not be fully liable.
Figuring out liability, especially when more than one party may be responsible for causing an accident, can be challenging. At Monaco Law PC, our South Jersey pedestrian accident attorney can help you build a robust and sound injury claim that gives you the best chance of securing the most compensation.
Determining Liability in a Pedestrian Accident
Often, a car will be at least somewhat liable for a pedestrian crash but not necessarily completely liable. To better understand this, it is essential to know what legal obligations a driver and a pedestrian have to each other.
A driver has a duty of care to pedestrians, that they will operate their automobile safely, and that they are responsible so as not to hurt anyone. A driver must remain focused on driving and their surroundings, identifying pedestrians, and taking appropriate action to avoid harming them. As such, when a driver sees pedestrians crossing the road in a crosswalk, they should stop their vehicle and wait until the pedestrian is safely on the other side of the road. Or, when driving in a neighborhood, doing so slowly and staying alert is essential as a child could run out on the road at any time. A driver should know this is a possibility and be prepared to catch it before an accident happens.
On the other hand, a pedestrian also has a duty to be responsible with themselves when they are out and about. Here, when crossing following road signals and using crosswalks is necessary. A pedestrian must also remain attentive and careful with their movement which means not being distracted while walking or jogging or not walking about while inebriated.
When a pedestrian crash happens, a driver will usually hold some amount of blame. Depending on their behavior, pedestrians will either have little to no liability or be held partially liable.
According to the National Highway Traffic Safety Administration, there are actions pedestrians can take to stay safe while out:
- Don’t travel when visibility is poor or at night.
- If you must travel when it is dark, wear reflective clothing or have a flashlight.
- Always look for a designated crosswalk when entering the roadway, and before doing so, make sure to look both ways.
- Walk on sidewalks when they are available.
- Be aware of neighborhoods where cars could be coming in and out of driveways.
- If you are drunk or intoxicated by drugs or alcohol, call a friend or a rideshare service for a ride instead of walking.
Speak to a New Jersey and Pennsylvania Pedestrian Accident Injury Attorney Today
Call our pedestrian accident injury lawyer at Monaco Law PC today to discuss your pedestrian accident experience at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Montgomery County, Philadelphia, Ocean County, and Salem County.
Source:
nhtsa.gov/road-safety/pedestrian-safety
