Even though it seems like the roads are just for cars, they are actually for everyone. Some people might think that vehicles should get priority over everyone else, but that is unfair and unsafe for cyclists and pedestrians. Drivers should be generous with the road, especially when it comes to people who are not in vehicles since they will end up taking a lot more damage than those inside the vehicle.
For that reason motorists are usually found to be at fault for accidents involving pedestrians, but are there any scenarios where the pedestrian could be at fault for the accident? The short answer is yes, which is why pedestrians need to be careful too. It is also why pedestrians should contact a pedestrian accident lawyer if they get into an accident with a vehicle. San Diego residents should contact getinjuryanswers.com to learn how they can help pedestrians who have been involved in accidents.
When are Pedestrians Liable for an Accident?
There is an old adage that pedestrians always have the right of way, which basically means that a pedestrian can never be responsible for an accident. This is clearly not true even though pedestrians generally have a better chance of avoiding accidents than vehicles. The reason is that accidents with motor vehicles typically happen on the road and pedestrians are the ones who decide when and where to enter the road. That means pedestrian accidents are often a matter of negligence, which means that the responsibility for the accident depends on who was negligent when it occurred.
A pedestrian can be negligent if they ignore or violate the rules of the road and that violation causes an accident. For example, if a jaywalker crosses the street without checking and an oncoming car swerves to avoid them and ends up colliding with another vehicle, then the pedestrian is responsible for causing the accident. If the jaywalking pedestrian is the one who ends up getting hit in this scenario, then they can still be considered to be responsible for the accident even if they are the one who gets injured.
What if the Accident Happened at a Crosswalk?
A crosswalk is a designated area where it is safe for pedestrians to cross the street, so if a motorist hits a pedestrian who is at a crosswalk, the driver will be held responsible for the accident. Pedestrians do not always have the right of way, but they do in a crosswalk, which is why drivers are held liable for accidents that happen in crosswalks. However, pedestrians are subject to rules even at crosswalks; they cannot suddenly step in front of a vehicle that is too close to manoeuvre around them and they cannot stop in the middle of a crosswalk and hold up traffic.
Contact an Attorney if You Were Involved in a Pedestrian Accident
A pedestrian does not always have the right of way, but they do when they are at a crosswalk. That is why the driver is at fault if they hit a pedestrian who is on a crosswalk because a crosswalk is a legally designated safe zone where pedestrians are allowed to cross the street. A driver who hits a pedestrian in a crosswalk does not only cause injury to that pedestrian, they are also violating the law.
That is why any pedestrian who was in a crosswalk when they got hit by a driver should contact a pedestrian accident attorney as soon as they can. They have a much better chance of receiving compensation because they were hit while in a crosswalk and because they have an attorney representing them.
