You’ve probably heard the common misconception that pedestrians are never at fault. Some people are under the impression that, even if the pedestrian is acting erratically or purposefully dangerously, the fault always falls on the motorist if they are struck by a vehicle. However, this is not the case. In situations where a motorist has hit a pedestrian, there are a few outcomes that can be the result of a trial. If you or a loved one has been involved in an injury claim regarding a pedestrian being struck by a vehicle, read on to discover possible outcomes.
Rights and Duties of Pedestrians
Pedestrians have several rights in these situations. Their right-of-way exists on public and private sidewalks, on public roads and highways, and in crosswalks. This means that a motorist must yield to any pedestrian in these spaces. However, pedestrians cannot simply use these spaces carelessly without limit. They must obey signals, such as do not walk signals or red lights. A pedestrian must use a sidewalk. If there is no sidewalk available, they must walk on the side of the road that is facing traffic. They must also use common sense; it is necessary that pedestrians do whatever is necessary and prudent to stay out of harm’s way, even if they are in a designated space for pedestrians.
When is it a Pedestrian’s Fault?
A pedestrian can be at fault after being struck by a motorist. Depending on the circumstances, the motorist must prove that the pedestrian was acting out of negligence. And there are plenty of common cases where this could occur: ignoring signals, j-walking, wearing dark clothing at night, not walking on the sidewalk, walking along a high-speed roadway, as well as being intoxicated. When any of these conditions are present, and a motorist strikes a pedestrian, it’s possible that the motorist was acting to the best of their ability to drive safely. With the right evidence, the motorist will not be at fault for the accident.
Evidence to be Used in a Personal Injury Claim
Evidence is always needed when trying to prove negligence. To prove that a pedestrian is at fault for a personal injury claim, you’ll need appropriate evidence to present. This evidence can come in the form of photography, police reports, witness reports, medical records, and even clothing you were wearing at the time of the incident. Regardless of what kind of evidence you compile, it must prove negligence. In short: a pedestrian can absolutely be at fault for a personal injury claim, with the correct provided evidence
Have you been involved in a personal injury claim due to a motor accident? The Snyder Law Group can help.
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.