5 Situations In Which A Pedestrian May Be At Fault For The Accident
Accidents involving pedestrians can be catastrophic and traumatic. Every year, between 6,000 and 6,500 pedestrians die in motor vehicle accidents across the United States, according to the Insurance Institute for Highway Safety (IIHS).
While it is common to assume that the driver of the vehicle must be at fault, this is not always the case. In some instances, pedestrians may be at fault for the accident, contributing to their own injuries or even fatalities.
If you or someone you love has been hit by a car and the opposing party (or their insurance company) is trying to blame you for the accident, you need a lawyer on your side. Our Henderson pedestrian accident lawyer at Cameron Law can help investigate your accident, determine fault, and pursue the compensation you deserve, even if you were partially at fault for the accident.
When Is a Pedestrian at Fault for the Accident?
Let’s discuss five common situations in which a pedestrian may be found at fault for an accident:
1. Intentionally Jetting Out in Front of a Car to Get Hit
While it may be hard to believe, some pedestrians intentionally put themselves in harm’s way, with the goal of collecting insurance money or receiving a financial settlement. In such cases, the pedestrian deliberately steps out into the path of an oncoming vehicle, giving the driver little or no time to react. In these situations, it can be challenging to determine fault, but evidence (such as surveillance footage or witness statements) may help provide clarity.
2. Darting Into the Road Without Looking
Pedestrians who dart into the road without looking for oncoming traffic put themselves and others at risk. Whether they are preoccupied with their thoughts, distracted by their smartphones, or simply not considering their own safety, these individuals can be found at fault for an accident. Drivers have a limited amount of time to react, and if a pedestrian suddenly appears in their path, it can result in a dangerous situation.
3. Failing to Use a Crosswalk When Crossing the Road
Crosswalks are designed to provide pedestrians with a safe and designated space to cross roadways. When a pedestrian chooses to cross a road outside of the crosswalk, they are exposing themselves to unnecessary risks. In many jurisdictions, it is illegal to cross a road without using a marked crosswalk. In the event of an accident, the pedestrian could be found partially or wholly at fault, depending on the specific circumstances.
4. Crossing the Road on Red Light
Pedestrians, just like drivers, are supposed to follow traffic signals in order to stay safe on the road. It is crucial for pedestrians to obey pedestrian signals and only cross the street when given the green light. If a pedestrian crosses against the light and an accident occurs, the pedestrian may be at fault for the collision. Even if the driver had been speeding or running a red light, the pedestrian still holds some responsibility for putting themselves in harm’s way.
5. Failing to Use the Sidewalk
Sidewalks are specifically designed to separate pedestrians from vehicular traffic, providing a safe space for individuals to walk. When sidewalks are available but a pedestrian opts to walk on the road or along the shoulder, they are jeopardizing their own safety. If an accident occurs in this situation, the pedestrian may be considered at fault for not using the provided sidewalk.
Get the Legal Help You Need
Understanding and acknowledging the situations in which a pedestrian may be at fault for an accident is crucial for both drivers and pedestrians alike. It promotes awareness of the shared responsibility required for maintaining safety on the roads.
While drivers have a significant duty of care, pedestrians must also exhibit caution, vigilance, and adherence to traffic rules. If you or your loved one was hit by a car in Henderson, Las Vegas, Spring Valley, or surrounding areas, our lawyer at Cameron Law can help. Schedule a free case review today by calling 702-745-4545.