Liability In Car-Pedestrian Accidents: A Brief Guide

11 May 2016
 Categories: Law, Blog

If you are a pedestrian, and you have been struck by a car, you undoubtedly have a few questions regarding the legality of the matter. Questions like this: When is the driver liable in such cases? Are there cases where you will be liable? What is "shared fault liability?" Throughout the course of this brief guide, these questions will be answered for you.

When Is The Driver In Such Cases Liable For Damages?

If you are the pedestrian in such a case, you are – legally speaking – in relative luck. In almost every case where an automobile has hit a pedestrian, the law is on the side of the pedestrian. The automobile driver is usually found liable for damages due to the legal phenomenon of "responsibility of due care." Due care simply means that you supposed to be vigilant with regard to driving and should always pay attention to the road, including, but not limited to, posted signage, other vehicles on the road, and most importantly in this case, pedestrians. If the laws of the road are violated, even ever so slightly, and a car-pedestrian accident occurs, then the liability will almost always be the onus of the driver.

Are There Cases When A Pedestrian Can Be Found Liable?

In a word: yes. However, these cases are few and far between and the pedestrian in question will almost had to have purposely caused the accident in order to be held liable. There are some cases where a driver is paying due diligence to the road and the pedestrian is simply acting careless. For example, if a pedestrian walks out from behind a parked car into the middle of the road with no posted crosswalks, then he or she may be found liable for damages incurred to the vehicle. Likewise, if a pedestrian is causing reckless endangerment, such as by playing chicken with an automobile, then they could be held responsible for damages.

What Is Shared Fault Liability?

Shared fault liability occurs when both parties were found to have caused the accident in question. In most cases, the court will find one party "more" responsible than the other, and that party will have to pay a percentage of damages to the other party in question, but usually never the full amount requested.

If you have been involved in a pedestrian-car accident, it is highly recommended that you call on the services of a local and trusted personal injury or car accident attorney to discuss your options.

For a car accident attorney, contact a lawyer such as Loughlin Fitzgerald P C.