Liability in Car Accidents Involving Pedestrians
Car collisions involving pedestrians can be devastating and emotionally distressing for both the victim and driver. Most people mistakenly believe that the fault lies with the driver in these types of situations, but sometimes the pedestrian can be held liable for losses associated with the accident.
Driver Liability in Car Accidents Involving a Pedestrian
Drivers have a responsibility to act with reasonable care while behind the wheel. There are various places on roadways that are designated pedestrian walkways. These areas require additional caution, and the driver should always remain alert to the possibility of the sudden appearance of a pedestrian. Most often, the speed limit is reduced in these areas. There are typically posted signs, painted roadways and stop signs or red lights. When an accident occurs involving a pedestrian, the driver will be found to be liable when they have broken traffic laws or acted negligently in a pedestrian area. Accidents involving pedestrians may result in severe injuries. If the pedestrian decides to pursue a personal injury claim against the driver, then they may be held financially responsible for the victim’s losses.
In some circumstances, the walking pedestrian may be held liable for the losses incurred in a collision. While these cases are much less frequent, a pedestrian would be held financially responsible in these circumstances:
- The pedestrian acted in a way that made it impossible for a cautious driver to avoid a collision
- The pedestrian was acting negligently or recklessly
- The pedestrian was not in a designated walkway
It makes sense for the driver to be held liable in most situations, but not all accidents have a clear-cut guilty party. If the pedestrian was walking at night or jaywalking, then a driver going the speed limit may not be able to avoid a crash. In other circumstances, a car may make impact with another vehicle in an attempt to avoid a reckless pedestrian. In this scenario, the pedestrian may be found at fault for the crash.
Unexpected collisions can happen to even the most cautious and vigilant of drivers. If you’ve been involved in an accident involving a pedestrian, then there are steps you can take to help prove your losses and claims in court.
Contact a Linwood Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car accident in New Jersey or Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side and fighting to get you the compensation you need, want, and deserve. Richard A. Stoloff represents clients injured from car accidents in Linwood and Philadelphia. Call 609.957.6810 (Linwood) or 215.988.9800 (Philadelphia), or email us to schedule a consultation about your case. We have an office conveniently located at 605 New Road Linwood, NJ 08221, as well as an office at 1500 JFK Blvd, Suite 520 Philadelphia, PA 19102.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.