When it comes to an automobile accident involving a pedestrian, it is natural to assume that they couldn’t possibly be at fault. However, there are a few special circumstances where the accident was caused by a pedestrian’s negligence rather than the driver’s. And if you were the driver in this situation, and could possibly be facing a personal injury suit from a pedestrian, here is what you should know.
You are probably familiar with the right-of-way that defaults to pedestrians in nearly all situations. Right-of-way simply means that motorists are obligated to yield to any crossing pedestrian. Pedestrian right-of-way applies to both public and private sidewalks, roads, highways, and of course crosswalks. However, a pedestrian doesn’t get to abuse this right. If they don’t follow traffic signals, such as red no-walk lights at crosswalks, or fail to use designated crosswalks and sidewalks then they could negate their rights.
There are several ways that a pedestrian can be at fault even if they are the victim in a car accident. As the motorist, you will need to discuss with a lawyer how the pedestrian was negligent. They could have been breaking the law by jaywalking, disregarding traffic signals, or not using the sidewalk. Even something seemingly subjective like wearing dark clothing at night can be reason enough for the pedestrian to be at fault.
You might not be sure whether you should file an injury claim against a pedestrian or if you need to defend yourself against a lawsuit. Either way you will need to provide some concrete evidence to prove that the liability falls to the pedestrian and not to you. A photo or dashcam video, police report, or witness statement can all make suitable evidence. But the bottom line is that your lawyer will have to not only show how the pedestrian acted out of negligence but that they were completely at fault; in other words that their actions made it unavoidable for a responsible driver to prevent an accident.
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, and LinkedIn.