Many people think the driver who hit a pedestrian is always at fault for a pedestrian accident. However, this might not always be the case depending on various factors. Some pedestrian accident cases may end up deeming the pedestrian at fault for the accident due to negligent actions. This can become complicated. Be sure to ask a Kansas City pedestrian accident attorney for help if you have questions.
When Are Pedestrians Liable?
Multiple factors can cause a pedestrian accident, some of which are no fault of the driver or pedestrian. When it comes to pedestrian liability, there are certain acts of negligence a pedestrian can commit. Common examples of pedestrian negligence include:
- Misusing crosswalks
- Disobeying crosswalk signals
- Public intoxication with drugs or alcohol
- Reckless or risky behaviors like running past traffic
Jaywalking is any form of illegal walking on or across the street. This may come in the form of crossing streets without crosswalks or disobeying crosswalk rules or signals. Any of these scenarios could hold the pedestrian at fault for a pedestrian accident with a driver.
However, in some cases, the driver could also be held partially at fault for the accident. Cases like this can be complicated and difficult to manage. Try contacting a Kansas City pedestrian accident lawyer if you have any questions about your situation. An experienced lawyer can help you navigate the often-confusing legal situation of multiple parties who could be at fault.
Pedestrians are not typically deemed liable for an accident if they were crossing the street and following basic street rules. If a pedestrian crossed when the crosswalk signal indicated to do so, then the pedestrian might not be deemed liable. In this case, the driver would be liable because the driver is the one who disobeyed the traffic signal.
When Drivers Are Liable
A driver can be held liable for a pedestrian accident in several more ways than pedestrians. Similar to pedestrian liability, drivers can be held liable for disobeying crosswalks or traffic signals, reckless behaviors, and driving while intoxicated by alcohol or drugs. Drivers can also be held at fault for negligent actions like:
- Distracted driving
- Drowsy driving
- Breaking traffic laws
- Running stop signs or red lights
Determining who was at fault for different aspects of the pedestrian accident is key to any personal injury claim. The party at fault will be expected to pay for the injured person’s damages. Comparative fault states will break this down by percentages of fault if both parties are partially at fault.
Pedestrians deemed at fault will have to pay for damages to the driver and the driver’s vehicle. Drivers deemed at fault will have to pay for the pedestrian’s injuries and other financial losses.
Kansas City Pedestrian Accident Lawyer
You might not have to pay for the damages you suffered in the accident if someone else was at fault. Feel free to call Peterson and Associates P.C. by dialing (816) 888-8888 to talk to a Missouri personal injury attorney for a free consultation today. Our team of Kansas City lawyers can help you maximize your compensation for medical bills, pain and suffering, and lost income. We serve clients in Kansas City, Missouri.