The common presumption is that drivers are automatically at fault for pedestrian accidents. However, this may not always be true. Understanding the factors that prove fault in a pedestrian accident may help you determine fault when filing a personal injury claim. Depending on those factors, you could be eligible for significant compensation. But you don’t need to figure this out alone. Consider asking a skilled Kansas City pedestrian accident lawyer for help.
How Is Fault Proven for a Pedestrian Accident?
The aftermath of a pedestrian accident is a confusing time. Knowing what to do and why isn’t always easy, but certain actions are vital for securing the personal injury compensation you need to recover from the accident. One of the most important steps for this process to work is proving fault for the pedestrian accident.
Each state has different laws for proving fault in a car accident. As a comparative fault state, Missouri allows both people in a traffic accident to collect compensation, even if both parties were at fault. The way this works is each person is assigned a percentage of fault for the traffic accident.
Many people wonder how this applies to pedestrian accidents if the motorist is the one who hit someone. Percentages of fault can still be assigned to both parties. For example, evidence may prove the driver is 90 percent at fault for the accident, while the pedestrian is 10 percent at fault. The higher the percentage of fault for the accident, the more the person found the most liable will owe the person they injured.
In terms of proving fault, this is done primarily with evidence of negligence, but various factors associated with pedestrian accidents often make this process challenging. For example, many pedestrian accidents involve hit-and-run drivers. If you suffered this type of incident, do your best to write down as many details about the accident, what the driver looked like, and the make, model, color, and license plate number of the vehicle if you can. Then, contact 911 right away so you can file a police report and have your injuries properly assessed. This adds further evidence on your side for what transpired.
Can Those on Foot Be at Fault for Pedestrian Accidents?
Not everyone realizes that pedestrians can also be considered 50 percent at fault or more in a car collision. Common behaviors associated with fault in pedestrian accidents include:
- Ignoring crosswalk signals or not using a designated crosswalk
- Running across the street unexpectedly
- Texting while walking
- Public intoxication
Common motorist behaviors that cause pedestrian accidents include:
- Distracted driving, like texting
- Running red lights or stop signs
- Reckless driving, speeding, and other negligent behaviors
- Drunk or drugged driving
Pedestrian accident damages may not only include physical injuries but also pain and suffering along with lost income. Even if your initial personal injury claim is denied, an experienced lawyer can assess possible reasons and find solutions.