Many people think a driver who hits a pedestrian is always at fault. However, depending on various factors, this might not always be the case. Some pedestrian accident cases may determine the individual, not the motorist, is at fault due to negligent actions. What might these be? Well, this is when things become more complicated. If this happens to you, consult a Kansas City pedestrian accident lawyer for help.
When Are Pedestrians Liable for Accidents?
There are multiple reasons for a pedestrian accident, some of which are actually not the fault of the driver or the individual. But, there are certain actions a pedestrian can commit, which places the accident liability on them. Common examples of pedestrian negligence include:
- Jaywalking, which is any form of illegal walking on or across the street
- Misusing crosswalks, walking outside of a designated crosswalk, or disobeying crosswalk signals
- Public intoxication
- Distracted walking, such as looking down at their phone instead of the traffic around them
- Reckless or risky behaviors, like running past or into traffic
Pedestrians aren’t typically deemed liable for an accident if they were crossing the street and following basic street rules. If an individual crosses when the crosswalk signal indicated to do so, then the pedestrian probably won’t be found at fault. In this case, the driver would be liable for disobeying the traffic signal.
When Drivers Are Liable for Pedestrian Accidents
Similar to pedestrian liability, drivers can be found negligent for ignoring crosswalks or traffic signals, indulging in reckless behaviors, and driving under the influence of substances. Drivers can also be held liable for a pedestrian accident due to:
Determining who was at fault for different aspects of a pedestrian accident is key to any personal injury claim. The party at fault is expected to pay for the injured person’s damages. Laws in comparative fault states break this down by percentages of fault if both parties are partially at fault. Pedestrians deemed at fault have to pay for damages to the driver and the driver’s vehicle. Drivers found liable have to pay for the pedestrian’s injuries and other financial losses.