Pedestrians are often at fault for accidents in which they are involved. Pedestrian error is the leading cause of motor vehicle collisions on the roadways. However, this does not mean pedestrians are always at fault. Sometimes motorists make mistakes, and these same mistakes can lead to accidents between cars and pedestrians.
A recent study has revealed that an overwhelming number of pedestrians now have a mobile phone in their hands at all times. Those numbers rise significantly on weekends and are even higher during nighttime hours. The problem is that pedestrians often forget to look up from their phones when crossing streets, thus putting them at risk of injury or worse.
In the United States, approximately 2 million people are injured in traffic crashes every year. Most of these accidents involve cars, but various other vehicles are also affected. Pedestrians account for roughly 15% to 20% of these traffic accidents, resulting in far more fatalities than different types of collisions do. According to the National Highway Traffic Safety Administration (NHTSA), these accidents were largely preventable.
Pedestrian Liability
While pedestrians are usually afforded the right of way as per state traffic laws that does not mean that they cannot be held liable for an accident. The pedestrian liability is especially true if the pedestrian was found to have contributed to their injury. For example, a pedestrian can be held accountable if they were jaywalking at the time of the accident.
While pedestrians are generally considered at fault in accidents with drivers, they do have some legal protections. A pedestrian can be found at fault if judged to have been negligent. The laws differ from state to state, but an intoxicated pedestrian may well be considered liable for injuries caused by an accident. Pedestrians should also take care not to assume that drivers would stop for them at intersections as drives also have the right to way.
The law on pedestrian liability in motor accidents can be complex and confusing, especially for those who have never been involved in a collision. This article will help clarify the process so that you can make an informed decision about your case.
Can you file a Pedestrian Accident Claim if you are at fault?
There are many ways to be involved in an accident while walking. Some of these accidents are due to your negligence, while others may not be. If you have been injured or lost a loved one in an accident, you may wonder if you should file a pedestrian accident claim.
Most people are familiar with the term “contributory negligence,” which means that if you are partially at fault for what occurred, your damages will be reduced by the amount of your responsibility. It can significantly reduce the amount of compensation you might otherwise receive in a personal injury claim.
When it comes to pedestrian accidents in California, if you are found to be 50% or more at fault, you can be held entirely responsible for your damages and the other party’s damages if they decide to file a claim with their insurance company.
So, to answer the question – Yes. You can file a Pedestrian Accident claim even if you are partially at fault.
Scenarios, which falls under Pedestrian Accident Claim if you are at fault?
If a driver hits a pedestrian and the pedestrian is at fault, the driver will not be found liable for the injuries they cause. Hence, it is essential to contact an experienced pedestrian accident attorney as soon as possible after being involved in an accident.
If you have been involved in a pedestrian accident, it is essential to know if you should file a claim. However, this question can be more complex than it seems because there are many factors to consider when deciding whether or not to file a claim.
If you were at fault in the accident and caused it, then your insurance company will most likely not pay for your damages. You may still be able to find legal help and file a lawsuit for the injuries you sustained.
You shouldn’t give up your right to compensation just because you are somewhat at fault for the accident. Get in touch with Workers’ Compensation and Personal Injury Lawyers in San Gabriel Valley today to learn more about how we may assist you with filing a claim after a pedestrian accident.