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Debunking Myths: Pedestrian Accidents

No matter how careful you are, it is likely that you will be involved in an auto accident at some point. According to the Insurance Institute for Highway Safety, there are approximately 6.5 million reported auto accidents each year in the United States. Of those, 2 million result in injuries, and over 30,000 cause fatalities. Accidents can be caused by a wide range of issues including driver negligence, road hazards, and weather conditions.

If you are hit by a car, you may be dealing with serious injuries and medical bills. The driver of the car carrying the insurance probably will have an insurance policy in place that covers these things. 

Trying to figure out who is at fault in this situation can be challenging and frustrating, particularly if the drivers or pedestrians involved are injured, under the influence of alcohol or drugs, or arguing about who was actually at fault. You may also need to go through your homeowner’s insurance if you are hit outside of your vehicle. For Arizona car accidents involving pedestrians, we recommend you consult a personal injury lawyer.  Make sure to be prepared for relevant questions to ask personal injury lawyer.

The main thing to remember when trying to determine who is at fault is that you should keep your own needs in mind. Don’t get caught up in the blame game. The other parties involved may end up being more concerned with who is paying for their injuries than they are with making sure you receive compensation for your own injuries.

There are many different circumstances that could cause someone to be at fault when a car hits a pedestrian; it depends on what happened before the crash and who was driving at the time of impact. If you were crossing a street and did not have the right of way, for example, then you might not be considered negligent in getting hit by a car. 

Strict Liability in Pedestrian Accidents

According to the law, the pedestrian has the right of way while crossing a road or street in a marked crosswalk. The driver of the vehicle must yield to cross traffic. A pedestrian should avoid walking into traffic if possible; however, if you or your child has been injured because a driver failed to yield the right of way, you may have grounds for a personal injury claim.

For example, if a driver makes a left turn and strikes someone crossing with the “Walk” signal, he or she could be held responsible for damages. However, if no lights were present at the intersection, it may be difficult for an attorney to prove that the driver had noticed that he or she needed to yield to pedestrians.

Who is at fault when a pedestrian is hit by a car?

It depends on who has the right of way. If you or your child is hit by a driver, there are laws in place to determine who is at fault and can help you pursue damages.

Questions about fault when a pedestrian is hit by a car can be complicated. There are many factors that go into determining fault, including traffic laws and the level of care exercised by all parties involved. Because there are so many different states and counties with their own statutes, it is important to consult with a personal injury attorney in your area if you have been injured while a pedestrian.

The following list includes some of the questions that personal injury attorneys will ask during the investigation process:

  • What traffic laws were in place at the time of the accident?
  • Did the driver fail to stop for a red light and hit a pedestrian crossing the street?
  • Was the driver intoxicated?
  • Was the pedestrian intoxicated?
  • The driver was distracted by something inside his vehicle (cellphone) or outside of his vehicle (such as another pedestrian).
  • The driver was driving recklessly.
  • Did either party take any actions prior to or during the accident that might affect fault? For example, did either party suddenly cross lanes of traffic or dart out into traffic unexpectedly?
  • Were there any witnesses to the accident?
  • Whether the pedestrian was in a crosswalk or on the sidewalk at the time of the accident, and whether the driver had time to see them
  • What kind of vehicle caused injury
  • Did the driver fail to yield the right of way to a pedestrian in a crosswalk?
  • Did the driver fail to stop for a red light and hits a pedestrian crossing the street?

These accidents often lead to serious injuries and fatalities, so it is important for victims to seek out legal help. While it can sometimes be difficult to determine who was truly at fault for an accident such as these, victims’ rights attorneys have experience handling this type of litigation and may be able to help with your case. They know how insurance companies work and can help get you the compensation that you deserve.

Why You Need to Contact a Car Accident Lawyer

There are two types of pedestrian accident accidents: those where the driver is clearly at fault, and those where it’s less clear. In either case, it’s important to seek help from a Personal Injury lawyer, to ensure that you get the compensation you deserve.

Professional drivers should always be alert and watch out for pedestrians, especially when turning corners or entering driveways. But drivers of private vehicles also have a duty of care towards pedestrians. If you hit someone whilst you’re driving, this is a breach of that duty and you could be liable for compensation for any injuries sustained. However, if the pedestrian has contributed to their injuries in any way, this may limit your liability. For example, if the pedestrian was intoxicated or ran into the road without looking first, you might not be liable for their injuries at all. This is why it’s important to get in touch with a car accident lawyer who will be able to determine whether or not you have a case against the pedestrian.

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Atty. Jason M. Ferguson

Jason Ferguson - Attorney - Ferguson Law Group, LLC | LinkedIn

Jason M. Ferguson, the founder of Ferguson Law Group, started his career working for an automobile insurance company as a trial attorney before owning his injury law firm for over 20 years. Attorney Ferguson has a unique experience, having tried cases on both sides of the court system in personal injury trials, unlike many other lawyers. Mr. Ferguson also served over 14 years as an Army Reserve officer and the Georgia Air National Guard. The Albany Herald recognized him as one of southwest Georgia’s “40 under 40” in 2010.

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