When is a Pedestrian at Fault for an Accident?

When is a Pedestrian at Fault for an Accident?

In an accident that involves both a vehicle and a pedestrian, the pedestrian is usually the party that sustains the bulk of the major injuries. The National Highway Traffic Safety Administration says that pedestrians are one of the few categories in the United States that saw an increase in accident fatalities in 2016. For every pedestrian accident that ended in a fatality, there were hundreds more that caused one type of injury or another to the pedestrian. 

Pedestrians are a broad category of people that includes basically anyone on foot who is on or beside the roadway regardless of the type of activity they are engaged in. The group of teenagers gathered about on a sidewalk talking to each other are considered pedestrians just the same as the mom out for a morning jog with her baby in a stroller. 

All good drivers know that they have both legal and moral obligations to avoid hitting someone on foot but pedestrians are not allowed to simply run amok. They also have legal and moral obligations. It is possible for a person who has been struck by a vehicle to also be found at fault in the car accident.

Driver Responsibilities

When is a Pedestrian At Fault For an Accident?

All drivers are required to yield the right-of-way to any and all pedestrians who are crossing in a marked crosswalk at an intersection. When a vehicle approaches an intersection that is already occupied by a pedestrian, the pedestrian has the right of way. The driver should wait for the pedestrian to safely cross to the other side of the road. 

Drivers also must give the right-of-way to anybody at a stop signal with a steady red light, flashing yellow light or flashing red light, or at any stop signs, alleys, driveways, private roads, and building entrances. A driver may not approach an intersection or any marked crosswalk area unless there is adequate space and the vehicle approaching the crosswalk will not prevent any pedestrian from crossing. Drivers should be extra careful when attempting to turn, as the pedestrian could easily be standing in a driver’s blind spot.

Main Causes of Auto Vs Pedestrian Accidents

The most common causes of severe or fatal car accidents involving pedestrians are distracted driving, speeding, and drunk driving. In some cases, pedestrians also contribute to accidents by ignoring traffic lights, or walking on the wrong side of the road, walking while intoxicated or being distracted by cell phone usage and walking right into oncoming traffic. 

Pedestrians are obligated to yield the right-of-way to drivers when crossing a road anywhere other than a marked crosswalk at an intersection. Pedestrians who run out into the road, dart in front of moving vehicles, or refuse to yield put themselves at risk by not following the rules of the road, just as those who walk along the road in the direction of moving traffic are far more liable to be caught unaware. 

Pedestrians who are talking on their cell phones, taking pictures or texting have a much higher chance of being distracted and not being aware of an oncoming vehicle. Drivers turning into intersections, failing to yield as expected, or attempting to backup all contribute to the ever-growing number of pedestrian injuries and fatalities each year.

If you or someone you love has been involved in a car accident, attorneys at Germany Law Firm, PLLC are in your corner. We have the experience and the knowledge necessary to help you obtain the financial compensation to which you are entitled. 

After almost four decades of legal practice, our skilled, Mississippi-based attorneys know exactly what it takes to win your case. Our attorneys pride themselves on their hard-earned distinguished reputations and the extensive legal knowledge that they have built up throughout their careers.

If you have recently been injured due to the negligence of another driver, then we strongly urge you to reach out to a qualified personal injury attorney by giving us a call at (601) 487-0555 and scheduling an appointment for a  free case evaluation so that we can advise you on the best course of legal action for your situation.