Pedestrians often have the right of way, but that doesn’t mean they’re never responsible for accidents. While drivers must remain alert and cautious around pedestrians, there are situations where a pedestrian’s actions may lead to a crash. If a pedestrian causes an accident, legal and financial consequences can follow, making it essential to understand the laws surrounding liability and fault. A New York City, NY pedestrian accident lawyer can help determine who is responsible and what legal options are available in these cases. The Eskesen Law Firm has lawyers who speak English, Spanish, and Portuguese, so can help many different people with their pedestrian accident cases. Continue reading to learn what to do if you may have been at fault for the accident.
When A Pedestrian May Be At Fault
Pedestrians are expected to follow traffic laws just like drivers. If they act recklessly or unpredictably, they can create dangerous situations that lead to accidents. Some of the most common ways a pedestrian may be found at fault include:
- Jaywalking – Crossing the street outside of designated crosswalks or against traffic signals can lead to accidents if drivers do not have time to react.
- Sudden movement into traffic – Running into the road without warning, whether to catch a bus or avoid another pedestrian, can result in a collision.
- Ignoring traffic signals – Walking when the pedestrian signal says “Do Not Walk” can put a pedestrian directly in the path of moving vehicles.
- Distracted walking – Looking at a phone, wearing headphones, or being otherwise inattentive can cause a pedestrian to step into traffic without noticing approaching vehicles.
- Walking under the influence – Intoxicated pedestrians may misjudge distances, ignore signals, or stumble into the road, increasing the risk of accidents.
Determining Liability In A Pedestrian-Caused Accident
Liability in an accident involving a pedestrian depends on whether their actions were negligent. In some cases, the pedestrian may be fully responsible, while in others, both the driver and pedestrian may share fault. This is determined by state-specific negligence laws, which usually follow one of two systems:
- Comparative negligence – If both the pedestrian and driver share fault, liability may be divided based on their percentage of responsibility. For example, if a pedestrian was 60 percent at fault and the driver was 40 percent at fault, the pedestrian may only be able to recover a reduced amount of compensation.
- Contributory negligence – In some states, if a pedestrian is found even slightly at fault, they may not be able to recover any compensation at all.
A pedestrian accident lawyer can help assess how negligence laws apply to a specific case and determine whether compensation is possible. A lawyer can also help determine what the different types of compensation someone may be entitled to from their accident.
Consequences For A Pedestrian Found At Fault
If a pedestrian is responsible for an accident, they may face legal or financial consequences. In some cases, they could be held liable for damages, including:
- The driver’s medical expenses and property damage
- Injuries to passengers or other pedestrians involved in the accident
- Lost wages if the driver is unable to work due to the accident
Pedestrians typically do not carry liability insurance, but their homeowner’s or renter’s insurance may cover some of the costs. If insurance does not apply, the pedestrian could be held personally responsible for damages.
What Drivers Should Do If A Pedestrian Causes An Accident
If a pedestrian’s actions lead to an accident, drivers should handle the situation as they would any other crash. Calling the police, documenting the scene, and gathering witness statements can help prove what happened. It is also important to seek medical attention if injuries occur, as some symptoms may not be immediately obvious.
If the pedestrian tries to leave the scene, security footage or witness testimony may be necessary to determine liability. Consulting a pedestrian accident lawyer can help ensure that the legal process is handled correctly and that the driver is not unfairly blamed for the crash.
How A Pedestrian Accident Lawyer Can Help
Determining fault in an accident involving a pedestrian can be complex. A lawyer can review evidence, traffic laws, and witness testimony to establish liability and defend against wrongful claims. Whether representing a driver or pedestrian, legal guidance ensures that all parties understand their rights and options for seeking or defending against claims. A lawyer can also help estimate the value of your personal injury claim.
Understanding how pedestrian liability works can help prevent accidents and clarify legal options when one occurs. If a crash happens due to a pedestrian’s actions, consulting with a pedestrian accident lawyer can help navigate the legal process and determine the best course of action. The Eskesen Law Firm has over 25 years of experience in dealing with personal injury cases like pedestrian accidents. Reach out as soon as possible to schedule a consultation to go over your case.
