If a car hits a pedestrian, who is at fault? This quick guide explains the laws you need to know along with tips for choosing the best lawyer to fight for you.
Did you know that over 1.3 million people lose their lives in car-related accidents each year?
If you have been hit by a car as a pedestrian, knowing who was at fault may not be easy to define.
In the past, authorities generally considered pedestrians to be in the right and drivers the guilty party. However, this situation is slowly changing.
Would you like to get more clarity on who could be considered the guilty party? If you have asked the question “if a car hits a pedestrian who is at fault?”, please read on to find out to get more answers.
How to Determine Fault
In order to determine whether a pedestrian or driver has a case for a car accident lawsuit, it is important for authorities to accurately reconstruct the scene of the accident as accurately as possible.
Accidents involving only cars can be quickly clarified by considering local automobile laws, but a pedestrian car accident is harder to clarify since pedestrians are subject to fewer regulations.
What Was the Driver Doing?
One factor that makes this scenario more complicated than a car accident case is that the driver may not have been breaking any laws at the time of the accident. However, he may have been distracted and could have avoided the collision.
When looking at who is at fault for a pedestrian car accident, it is important to consider what the driver was doing in the seconds before the accident occurred. The following factors come into play:
- Was the driver paying sufficient attention?
- Were they driving at an appropriate speed for the location?
- Was the driver allowed to drive in that location?
The answers to these questions will provide an indication of the level of responsibility the driver carries toward the accident.
What Was the Pedestrian Doing?
However, it is important to scrutinize the behavior of the pedestrian prior to the accident. While many are not aware of it, there are actual laws related to pedestrian behavior.
When a pedestrian is hit by a car and it is not obviously the fault of the driver, a judge will likely ask the following questions:
- Did the pedestrian have the right to be in that location at that time?
- Did they have right of way?
- Were they breaking any other laws?
The behavior of the pedestrian will also impact the decision regarding guilt in a pedestrian accident. To understand the entire process and give yourself the best chance of success, why not enlist the help of a car accident lawyer?
If a Car Hits a Pedestrian, Who is at Fault? And Other Important Questions Answered
Knowing the answer to the question “if a car hits a pedestrian who is at fault?” can make the difference between you getting the compensation you deserve and need, and you losing an expensive case.
If you are concerned about other legal issues, then we are here to help. For example, if you would like to learn how much compensation you could receive for your personal injury case, we can help answer all your questions. Contact us online today for a free consultation on your case.
Frequently Asked Questions:
If a car strikes a pedestrian, is the driver automatically guilty? – Not necessarily. The pedestrian must have been behaving in a legal manner and not under the influence of illegal substances.
Can a driver be convicted even if he was not speeding? – Yes. If you can prove that the driver was not concentrating or driving in a reasonably safe manner, a judge may convict them regardless of the speed they were traveling at.
I am a pedestrian and a car hit me, how can I maximize my chances of winning my case? – It is important to pair up with a good professional legal representative that can help you prepare your case.