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Jaywalking & Pedestrian Accidents: Who's at Fault?

Jaywalking & Pedestrian Accidents: Who's at Fault?

Posted By The Weinstein Firm, LLC || 12-Apr-2017

pedestrianAs drivers, we have all been told that pedestrians always have the right of way. From a legal standpoint, however, this is not always correct. There are some circumstances in which a pedestrian may be partially or totally at fault for a pedestrian-car accident.

Determining Fault

If a driver is clearly at fault for the accident, the pedestrian will likely be able to obtain compensation through the driver’s insurance carrier for any injuries caused. If a pedestrian bears the blame, he or she will probably not be able to receive compensation for injuries sustained. The driver might even be able to sue the pedestrian for any damage done to the vehicle, or for any injuries sustained.

Some scenarios in which a pedestrian may be found fully or partially at fault for an accident include:

  • Jaywalking, crossing in the middle of the street, or outside of a crosswalk
  • Crossing against a traffic signal
  • Entering a street while intoxicated
  • Walking in areas, such as highways or bridges, where pedestrian access is prohibited

Shared Fault

When a pedestrian and driver share fault in an accident, the majority of states will apply a legal concept known as “comparative negligence.”

Comparative Negligence

Under this rule, a pedestrian may be able to recover compensation from the other at-fault party, though the amount will be reduced by a percentage that is equal to their share of fault.

For example, if someone was driving while under the influence and hits a pedestrian who is texting while crossing an intersection, the pedestrian may be partially at fault for being distracted. The fault will be minimal, but still impact compensation.

Atlanta Pedestrian Accident Attorney

Pedestrians are extremely vulnerable. Any accident can result in a wide range of severe injuries, or even death. If you have been injured in such an accident, you have a right to receive restitution for the injuries and damages you have suffered.

At The Weinstein Firm, LLC, we have the necessary resources to thoroughly investigate the cause of your accident and hold all contributors accountable. Contact our Atlanta pedestrian accident attorneys at (404) 566-7009 today to schedule a free case review.

Categories: Auto Accidents