An accident between a vehicle and a pedestrian can be severely detrimental to the victim’s mental and physical well-being. Determining fault in pedestrian accidents is vitally important to determine if the pedestrian will receive compensation and how much. If you were involved in a pedestrian accident and require legal representation, reach out to a York County, PA pedestrian accident attorney.
How Do Pedestrian Accidents Happen?
A pedestrian accident is any accident involving a vehicle such as a car, motorcycle, bus, truck, bicycle, or tram striking and injuring a pedestrian walking or running. A pedestrian can include any person who is not in or on a vehicle.
Pedestrian accidents can happen due to the negligence of the driver or the pedestrian themselves. Distracted driving from texting or eating could result in the driver taking their eyes off the road and hitting a person.
Speeding and disregarding the rules of the road can also cause an accident such as running a red light or stop sign.
Volatile weather can result in impaired vision or driving abilities, and even the lack of maintenance on a road or road signage can be the cause of a pedestrian accident.
Drunk or intoxicated driving is also a major component in pedestrian accidents. Intoxication lowers the driver’s reaction time and ability to operate a vehicle safely and can result in severe damage and injury.
An accident can also be the fault of the pedestrian. If they run out into the middle of the road, jaywalk or cross illegally, attempt to cross the street when they do not have the right of way, or behave erratically due to intoxication they could have caused the collision.
Who is at Fault for a Pedestrian Accident?
Liability or fault is determined in a pedestrian accident largely based on whether either or both parties involved were negligent. If the driver or operator of the vehicle was negligent in their driving, such as texting or disobeying driving laws, they can be found liable for the accident. If they are found to be at fault they will likely be responsible for paying damages to the victim to cover the cost of medical expenses, property damage, and loss of wages associated with the accident.
If the pedestrian was found to be guilty of disobeying the law which resulted in the accident, they may be found liable instead. Depending on the circumstances of the case they may not be eligible to receive compensation. However, in cases where the driver and pedestrian share liability the pedestrian may still be able to collect damages.
Do I Need to Hire a Lawyer for My Accident Case?
It is recommended to acquire the services of an experienced lawyer when dealing with a pedestrian accident case. A skilled attorney will be equipped with the knowledge and ability to represent you in your case and negotiate for the most appropriate and fair settlement. They can help gather and organize the necessary evidence, communicate with insurance providers, and ensure proper procedures are followed.
