How is Fault Determined in a Pedestrian Accident?

bikers and pedestrians on road

In densely populated areas, accidents are bound to happen. In any kind of accident, it is important to identify who is liable for damages. Pedestrian accidents can result in extensive injuries for the victim. Determining fault in a pedestrian accident is important to ensure that the negligent party is held responsible and compensation can be collected. If you were recently the victim of a pedestrian accident, reach out to a Memphis personal injury lawyer for more information on how to best protect your rights.

How Do Pedestrian Accidents Happen?

A pedestrian accident is the collision of a vehicle such as a car, bike, motorcycle, or bus with a person walking, running, or otherwise not in a vehicle. Like any accident, pedestrian accidents occur largely due to one person’s recklessness or negligence. They can also occur due to factors outside of either party’s control. Some common reasons pedestrian accidents happen can include the following.

  • Distracted driving
  • Driving under the influence of drugs and/or alcohol
  • Disobeying road laws
  • Speeding
  • Inclement weather
  • Poor road design and maintenance
  • Pedestrian recklessness such as jaywalking, walking in an area restricted to pedestrians, and crossing the street without a walking light

What Are Common Injuries Sustained in a Pedestrian Accident?

Because a pedestrian is not protected by anything, such as the metal frame of a car or an airbag, injuries sustained can be incredibly serious and damaging.

Pedestrian accident injuries can include broken bones, fractures, sprains, lacerations, road rash, bruising, neck and back injuries, spinal injuries, paralysis, brain injuries, internal damage, and even death. Determining liability and fault after a pedestrian accident is crucial to ensure that the victim can have their medical expenses and loss of wages covered after their accident.

Who is at Fault for My Pedestrian Accident?

Many people may assume that whoever was operating the vehicle at the time of the accident is immediately at fault. However, this is not necessarily the case. Evidence from the accident will be examined at length. This can include eyewitness testimony, video from surveillance cameras, alcohol and drug tests, etc. Either party may be found liable for the accident or they both may share some responsibility. Even if the pedestrian is found partially liable for the accident they may still be eligible to collect some compensation for medical expenses.

Should I Hire a Lawyer?

If you are involved in a pedestrian accident case it is imperative that you hire an attorney. As stated, liability is a main contributing factor to the outcome of any accident case. Your lawyer will have experience with similar situations and be able to effectively collect and organize information and data, presenting it in a compelling way to best defend your side. They can advocate for you and fight for your right to compensation for medical bills and property damage. Contact a skilled attorney with any questions to ensure your best outcome.