Pedestrian Car Accidents: When Is the Pedestrian At Fault?

pedestrian car accidents can involve extremely serious personal injury to the pedestrian. Often the pedestrian will sue the driver and/or his employer to recover medical bill cost and other significant damages. The pedestrian will claim the driver was operating his vehicle in a negligent manner causing him to hit and injury the pedestrian. The very best defense is for the driver is to show that he was operating with due care and that the pedestrian was acting in a reckless or negligent manner when he entered the roadway in front of the car.

Examples of Reckless or Negligent Pedestrians

Entered the road in a drunk stupor
Enter the road in a drugged stupor
Enter the road without looking due to a medical condition impairing judgment
Ran into road while being chased without looking
Failed to use designated crosswalk
Ran out from in between parked cars without looking
Exited car in traffic in a dangerous area
Ran out without wearing necessary glasses

There are countless reasons that could cause a child or an adult to recklessly or negligently enter a roadway and place themselves at risk of being hit by a car or truck and suffering an injury. The important point for the driver to understand is that the accident may not have been your fault. Check the details of the pedestrian’s story. Consult with all of the witnesses to the incident and carefully go over their eye witness reports and affidavits. Go over the hospital records of the injured pedestrian to determine was drunk, on drugs or otherwise mentally impaired when they entered the roadway. Determine if the injured pedestrian has pre-existing injuries that were not caused by the incident as claimed and root out all information concerning similar legal actions lodged against other drivers with similar claims of injury. No driver ever wants to be responsible for injuring a pedestrian and it can be very upsetting to be involved in that type of accident but the fact is that it is just as likely that the driver was not at fault and had no way to avoid hitting the pedestrian in many situations. Never assume that you were at fault without reviewing all the facts.

Getting Legal Help

If you or a member of your family has been accused of injuring a pedestrian while operating a motor vehicle it may be helpful to discuss the circumstances of the incident with a personal injury lawyer. An attorney can provide valuable guidance on the best defenses regarding pedestrian car accidents and help to assemble the witness reports and hospital and medical documentation to support your side of story.

Have a Personal Injury Case?