Thomas Stufano
What You do depends on the situation, local laws, and evidence
It is important to first recognize that every pedestrian accident is different, and the liability may vary depending on specific circumstances. Before determining responsibility, it is important to conduct a thorough investigation and collect all relevant evidence.
In some cases, a pedestrian may have caused or contributed towards an accident. In such situations, “comparative or contributing negligence” is the applicable legal concept. This concept recognizes that the pedestrian and the driver may both share some blame for the accident.
The level of responsibility assigned to each party will depend on specific laws in the jurisdiction where the accident occurred, and the strength of evidence supporting each party’s actions prior to the event.
Even if the pedestrian is found to be at fault 80% of the time, in states that adhere to “pure comparative neglect,” they can still pursue the claim for the other 20%.
In states that use a “modified relative negligence” system, a pedestrian must meet a certain threshold to be eligible for damages.
What You do depends on the state
The state in which the accident occurred will determine what happens. Indiana is an example of a state that is at-fault, which means the person who is deemed to be responsible for the accident must pay for the injuries and damage caused to the other party. If the pedestrian was not in a crosswalk, this is clear. If the pedestrian was responsible for an accident involving a car, then the pedestrian is held liable.
If the accident happened in a state that does not assign blame, both the driver as well as the pedestrian are responsible. In the event that the driver is 25% responsible for the accident, the compensation they receive will be reduced. The compensation of the pedestrian will be reduced to 75% because they are 75% responsible.
Rick Hovde
Jeffrey M. Kimmel
Local laws may apply
According to the personal injury laws of each state, pedestrians may share some legal responsibility for an accident.
It is expected that pedestrians and drivers adhere to the traffic laws and rules of the road when they navigate through streets, highways and crosswalks. If a pedestrian does not exercise reasonable care, and is hit by a vehicle, they could be held responsible.
In certain states, however [juries] can assign fault using the comparative negligence standard. If a jury determines that both parties contributed to an accident in part, then their level of responsibility will be weighed accordingly. Each party is legally responsible for the damages they caused.
It’s important that drivers understand they are still responsible for any negligent driving involved in a collision between a vehicle and a pedestrian.
This Will Depend on These Five Factors
1. Pedestrian behavior: If the pedestrian behaved in a manner that led directly to the accident, (e.g. darting into the traffic, crossing the road against a signal), then this may be considered when determining the liability.
2. Driver behavior: If the driver behaved responsibly (e.g. obeying traffic rules, driving at a reasonable speed), it is less likely that they will be held liable. Some jurisdictions impose a duty of care to drivers in order to prevent pedestrians from being hit, even when the pedestrian is negligent.
3. Many jurisdictions look at relative negligence and comparative fault. Both the pedestrian and the driver may share responsibility if both contributed to the accident. Some places may not hold the driver responsible if they find that the pedestrian is more to blame.
4. Evidence and Witnesses: Videos, photos, witness testimony, police reports, etc., can all have an impact on the determination of fault. A thorough investigation and collection of evidence is essential for an accurate evaluation.
5. Local Laws and Regulations: The laws and regulations governing pedestrian rights and duties vary greatly between states, countries and municipalities. Local laws are important to know in case of a dispute.
Andrew Kuttow
This article is crowdsourced. The statements of contributors do not reflect the opinions of this website or any other person, business, or contributor.
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