The facts on pedestrian accidents are pretty shocking. According to a study done by the National Highway Traffic Safety Administration (NHTSA), almost 70,000 pedestrians were injured in such accidents in 2008, and over 4,000 died in them.
Many people are under the impression that pedestrians always have the right of way. However, that is often not the case. Let’s take a look at some scenarios where pedestrian accident fault comes into play.
Pedestrian responsibility in auto accidents
The law typically holds that both drivers and pedestrians are responsible for exercising caution when traversing the nation’s roads. If either party fails to do so, they can be held liable if something they do (or neglect to do) results in an accident.
Examples of pedestrian negligence include:
- Not obeying traffic signals when crossing the street
- Attempting to cross major highways that do not have traffic signals
- Jaywalking (going outside a crosswalk while attempting to cross the street)
- Walking in places where pedestrians are prohibited (except during emergencies), such as major highways
What happens if both parties are at fault?
Sometimes, car accidents are a clear-cut case of fault: either the pedestrian or the driver is to blame. But often, things are more complicated, and both parties may share the blame for an accident.
Each state has different laws that determine fault, as well as the effect this has on what compensation (if any) the parties may be entitled to. It is best to contact an attorney to get more information.
Talk to a Tampa pedestrian accident attorney today!
Do you or someone you know have further questions for our jaywalking injury attorneys? The staff of Abrahamson & Uiterwyk is available 24 hours a day / 7 days a week, and can be reached at 1-800-753-5203. Call us today for a free evaluation of your case.