Car vs. Pedestrian: Who’s at Fault?
Car and pedestrian accidents often end tragically, but you might be surprised to learn that it’s not always the motorist’s fault. Please know that if you’ve been hurt in a pedestrian accident, whether you were the driver or the pedestrian, and whether or not you were partially at fault, you deserve legal representation to bring the party at fault to justice.
The squeal of tires was the last thing Phil* remembered before waking up in the ambulance. He’d crossed the same five-lane road several times a week for years, picking up groceries at the little market across the street from his home. He’d never bothered walking three blocks each way to the nearest crosswalk; he’d just wait for traffic to clear and then walk. Besides, cars would usually stop to let him cross.
Do Pedestrians Always Have the Right-of-Way?
Phil had been jaywalking for years, whether he knew it or not. By crossing the road outside a crosswalk, Phil has at least some responsibility in this case. The driver who hit him had not been speeding and was obeying all traffic laws; she simply couldn’t react in time to avoid hitting him. She had no reason to expect him to be there – and she suffered injuries of her own from the sudden braking.
Statisticallythe driver is more often at fault for car-pedestrian accidents, but that’s not always the case. A judge may find that the pedestrian is at fault if any of these actions contribute to a traffic accident:
- Crossing against the traffic signal
- Crossing outside the crosswalk
- Crossing a freeway, such as an interstate, that doesn’t have traffic controls
- Walking along a highway, bridge, or other roadway where pedestrian access is forbidden by law
Sharing Responsibility in a Pedestrian Accident
In many cases, a judge will consider both parties negligent.It’s important that you talk to your personal injury lawyer about how New York’s comparative fault laws can affect the outcome of your case.Every case is different, and the laws are complex. No matter who’s at fault, though, you deserve for the truth to come out. You deserve justice.
*Client’s name and some identifying details have been changed in the interest of privacy.