Drivers and pedestrians share roads, which creates the risk of collisions. When vehicles and people walking meet in a collision, it is often the pedestrian who gets seriously hurt. Being hit by a car can be a traumatic experience, and it’s natural to question who is to blame for the incident. However, it’s important to remember that accidents are not always the fault of only one party.
If you think you may be partly to blame for your pedestrian accident, you should not assume you have no legal rights. It is critical to consult an experienced Bellingham pedestrian accident attorney who can assess the circumstances and determine the extent of your liability. Contact one near you to protect your rights and to find the best path forward in your case.
Common reasons for fault in pedestrian accidents?
When it comes to pedestrian accidents, it’s easy to assume that the blame rests solely on the driver. After all, they are the ones operating a vehicle that can cause significant harm. However, it’s important to recognize that pedestrians also have a role to play in ensuring their safety on the roads.
But what if you, as a pedestrian, believe you might be partly to blame for the accident? Can the driver still be held at fault? Let’s explore how car accidents involving pedestrians occur and how drivers can indeed still be at fault in such situations.
Common Scenarios
One common scenario in which a driver can be held at fault in a pedestrian accident is when the driver fails to yield the right of way. As a pedestrian, you have the right to cross the road safely at designated points such as crosswalks or intersections when you have the traffic light or walk sign.
However, negligent drivers might not see or fail to yield to pedestrians. This can happen when drivers are distracted, speeding, or under the influence of drugs or alcohol. More than 40 percent of pedestrian deaths in car accidents involve a driver who was under the influence of alcohol. Regardless of your own actions as a pedestrian, it is the driver’s responsibility to exercise caution and yield to you in these situations.
Another way a driver can be at fault in a pedestrian accident is if he or she operates the vehicle recklessly or negligently. Negligence can include:
- Running red lights or stop signs
- Making illegal turns
- Failing to keep a lookout
Recklessness can include driving at excessive speeds in areas with a high pedestrian presence.
No matter how careful you are as a pedestrian, it can be difficult to anticipate and react to the actions of a driver who is not abiding by traffic laws, not to mention a speeding car. Speed can often significantly increase the severity of a pedestrian’s injuries, as well.
Another factor contributing to car accidents is the maintenance of the car itself: worn brakes or bald tires, which are the responsibility of the owner, can cause a car to not stop before it hits a person. The driver can be responsible for improper maintenance, or a repair shop might even be liable for inadequate inspection or repairs.
Additionally, driver inattention is a significant factor in many pedestrian accidents. With the rise of smartphones and other distractions, drivers often take their eyes off the road, compromising their ability to notice pedestrians in their vicinity. This lack of attention can lead to devastating consequences for pedestrians who find themselves in the path of a distracted driver. It is the duty of every driver to maintain focus on the road and be aware of their surroundings, ensuring the safety of those around them.
In summary, while pedestrians are responsible for exercising caution and following traffic rules, drivers are usually at fault in pedestrian accidents. However, this does not prevent drivers and insurance companies from trying to blame the pedestrian.
If you find yourself in a situation where you are accused of being partly to blame for a pedestrian accident, consult an experienced pedestrian accident attorney who can assess the circumstances and determine the extent of the driver’s responsibility. They can handle the legal process and ensure you receive the compensation you deserve for your injuries and losses.
Remember, in pedestrian accidents, assigning blame is not always straightforward. Seek professional legal assistance to understand your rights and pursue justice, no matter what happened. Experienced pedestrian accident lawyers can guide you through this process and fight for your rights and the compensation you deserve.
How might a driver’s insurance company try to blame the pedestrian for an accident rather than accept liability?
Most accident claims involve insurance companies. In a personal injury case, the injured person is the plaintiff or claimant. The person who causes the accident and thus should be liable for the damages is the defendant.
In most car accident cases, the driver has an insurance policy, which means the insurer will defend the driver in a lawsuit and pay out damages if the driver is found liable. Rather than risk litigation costs and a potential judgment, an insurance company may be inclined to settle a case before a suit is even filed.
When you’ve been injured as a pedestrian in an accident, it’s natural to assume that the driver’s carrier will accept liability and compensate you for your injuries. However, it’s important to understand that insurance companies are businesses, and their primary goal is to minimize their financial liability. In some cases, this means they may try to shift the blame onto the pedestrian rather than accepting full responsibility for the accident.
One tactic that insurance companies may use is to argue that the pedestrian was not exercising reasonable care when crossing the street. They may claim that the pedestrian was jaywalking, crossing against a traffic light, or not using a marked crosswalk. By doing so, they are attempting to demonstrate that the pedestrian’s actions contributed to the accident and should, therefore, share the blame for their injuries.
Another way insurance companies may attempt to blame the pedestrian is by arguing that they failed to pay attention to their surroundings. They may claim that the pedestrian was distracted by their phone, wearing headphones, or not paying attention to oncoming traffic. The insurance company might argue that if the pedestrian had been more vigilant, they might have avoided the accident, and therefore, they should share in the responsibility for their injuries.
Additionally, insurers may scrutinize the pedestrian’s actions immediately before the accident. They may argue that the pedestrian suddenly stepped into the path of the vehicle, giving the driver little to no time to react and prevent the collision. By presenting the pedestrian’s actions as sudden and unpredictable, the insurance company aims to absolve the driver of any fault and place the blame solely on the pedestrian.
No matter what the adjuster says, be aware that the insurance company is adverse to your own interests and seeking to minimize its payouts. They typically try to get unrepresented claimants to accept low settlement offers, if they even make any. By attempting to shift the blame onto the pedestrian, they can potentially reduce the amount of compensation they are required to pay. However, it’s important to remember that these tactics are not always valid or fair.
If you find yourself in a situation where the insurance company is trying to blame you for the accident or just making lowball offers, you should retain legal representation. An experienced personal injury attorney can help protect your rights and build a strong case on your behalf. They will gather evidence, interview witnesses, and analyze the circumstances surrounding the accident to prove that the driver was at fault.
By enlisting the help of a pedestrian accident attorney, you can level the playing field and ensure that your rights are protected. Your attorney will fight on your behalf against the insurance company’s attempts to shift blame onto you. They will work diligently to establish the driver’s negligence and hold them accountable for your injuries and damages.
Why should you hire a pedestrian accident lawyer if you were hit by a car while walking?
Getting hit by a car while crossing the street or walking on the sidewalk can leave you with serious injuries, medical bills, and emotional distress. If you find yourself in this unfortunate situation, you may be wondering if you should hire a lawyer to handle the legal process. The answer is a resounding yes. Here’s why you should hire a lawyer if you were hit by a car while walking.
The key reason to hire a lawyer is to protect your rights. When you’re in a pedestrian accident, the insurance company representing the at-fault party will do everything in its power to minimize its liability and pay you as little as possible. They may even try to shift some of the blame onto you. A skilled personal injury attorney will gather evidence, interview witnesses, and build a strong case to prove that the driver was at fault and you deserve compensation for your injuries.
Another important reason to hire a lawyer is to maximize your compensation. The aftermath of a pedestrian accident can be financially devastating. You may be facing significant medical expenses, lost income due to time off work, and future medical costs related to your injuries. An experienced lawyer will fight for the compensation you deserve.
A firm’s legal staff will know what medical records and bills are needed and request and organize them for you. They will calculate the full extent of your damages, including both economic and non-economic factors, such as pain and suffering. They will negotiate with the insurance company on your behalf to ensure you receive a fair settlement or take your case to court if necessary.
Navigating the legal system can be complex and overwhelming, especially when you’re dealing with the aftermath of a pedestrian accident. Hiring a pedestrian accident lawyer can give you peace of mind and make the process go much more smoothly. A good attorney understands the laws and regulations surrounding pedestrian accidents and has the experience to handle your case effectively.
An experienced attorney can navigate through the complexities of these claims and build a strong case to counter the insurance company’s attempts to shift blame onto the pedestrian. Attorneys can gather evidence, such as witness testimonies, surveillance footage, and accident reconstruction reports, to establish the driver’s negligence and the pedestrian’s lack of fault.
They will then prepare demands, communicate with the insurance company, and guide you through each step of the process. This allows you to focus on your recovery while knowing your case is in capable hands. In the event the case can’t be settled before litigation, an attorney will file suit. Once the case is in court, an attorney will file pleadings, argue motions, conduct discovery, and, if necessary, persuade a judge or jury.
By understanding these potential strategies and seeking legal representation, injured pedestrians can increase their chances of obtaining the compensation they deserve and holding the responsible parties accountable for their actions. Remember, you don’t have to face the insurance company alone; an attorney can guide you through the process and fight for your rights. Don’t hesitate to seek legal representation as soon as possible after the accident.
Contact a Pedestrian Accident Attorney Today
Christopher C. Walton, Pedestrian Accident Attorney
If you have suffered serious injuries and losses in an accident as a pedestrian and need assistance, it’s absolutely critical to consult a reliable and experienced attorney near you. Contact a law firm in your area to discuss your case and understand your legal options.
Remember, time is of the essence in personal injury claims, so don’t delay in seeking legal counsel. Take the first step towards obtaining the compensation you deserve and call a pedestrian accident lawyer today. During your consultation, you can ask any questions you might have and tell your story to the attorney about what happened. Even if an attorney informs you that you have no case, you lose nothing because case evaluations are free.