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How to determine fault in a pedestrian accident

On Behalf of | Nov 21, 2017 | Blog |

Accidents that happen between a pedestrian and a motor vehicle almost always result in serious injuries for the pedestrian. The human body is no match for a multi-ton vehicle traveling at 30 to 70 mph.

The faster the vehicle is going, the worse your injuries are likely to be as a pedestrian. In fact, broken bones, head injuries, traumatic brain injuries, neck and back injuries, and spinal cord injuries are the norm in these kinds of accidents — even when they happen at slow speeds.

The fault of the driver in a pedestrian crash

Every time a motorist causes a pedestrian accident, it’s important to investigate whether the pedestrian has the right to seek financial restitution from the at-fault driver. Here are circumstances in which a driver may be at fault:

  • The driver had a legal duty to protect the pedestrian from getting struck given the circumstances.
  • The driver did not fulfill the legal duty that he or she owed the pedestrian.
  • The driver was responsible for the accident that left the pedestrian injured.
  • The driver harmed the pedestrian in some way. This harm can be both financial and physical in nature.

Other parties who might also be at fault in a pedestrian accident

Sometimes the driver isn’t the only one at fault in a pedestrian accident. At-fault parties in an accident could be:

  • The driver who hit the pedestrian.
  • The city, municipality or business that was supposed to keep the sidewalk maintained.
  • The pedestrian.
  • The owner of a company that employed the driver, if the accident happened while the driver was working.

How to evaluate the driver’s duty of care

The duty of care owed by the driver to the pedestrian will be a central tenet of every pedestrian accident lawsuit. In general terms, the duty of care owed by the driver relates to what a reasonable driver would have done to prevent injury to the pedestrian given the circumstances. A court would interpret the failure to fulfill one’s duty of care as negligence. Such failures might include:

  • Speeding
  • Breaking the rules of the road
  • Disregarding weather conditions
  • Driving while intoxicated

Pedestrian accident victims may want to learn about personal injury law

If you were struck by a vehicle traveling at 30 or more miles per hour, you’re lucky to be alive. However, you might not be so lucky regarding your medical bills.

Depending on the facts of your pedestrian accident, you might benefit from learning as much as you can about personal injury law. The more you know about pursuing a claim for financial damages regarding accident injuries, the better chances you’ll have of recovering the money you’ve lost as a result of your recovery process.