What Happens When a Pedestrian Causes an Auto Accident?
Although personal injury cases often involve pedestrians who have been hit by a car, what if the responsibility for a serious car accident lies with a pedestrian rather than a car’s driver? Could an injured party recover compensation when a pedestrian breaches their duty of care–even if the pedestrian was also seriously injured? If you were hurt in a car accident and need to show that a pedestrian was responsible for causing the accident, call a Texas personal injury attorney now.
How Could a Pedestrian Cause a Car Accident?
Vehicles are usually responsible for yielding to pedestrians and generally owe a greater duty of care to pedestrians than pedestrians do to vehicles. After all, cars, trucks, and even motorcycles are bigger, heavier, and faster than pedestrians and in collisions between the two, pedestrians are usually the more seriously injured party. For this reason, drivers are usually required to try to stop if a pedestrian is in the road outside of a crosswalk or traffic light.
However, pedestrians must also follow the rules about using the road safely. There are certainly times when pedestrians fail to exercise a reasonable level of care and put drivers in the road in danger. These situations include:
- Crossing the road from between parked cars with limited visibility
- Walking or running in the road at night
- Texting or otherwise being distracted and wandering into the road without realizing it
- Walking in a road where pedestrian traffic is prohibited (such as a highway)
- Crossing the street outside of a crosswalk
- Failing to follow traffic signals (such as ignoring a red light prohibiting pedestrians from crossing at a crosswalk)
Even if a driver took evasive measures to avoid the pedestrian and the pedestrian was not hurt, the pedestrian could still be liable for the driver’s injuries or property damage that occurred as the driver tried to avoid the pedestrian. For example, if a jogger is running in the middle of the road at night, and a car swerves into oncoming traffic or off the road to avoid the jogger, he or she could be responsible for vehicle and property damage as well as the vehicle occupants’ injuries, medical expenses, lost wages, and more.
Sometimes a driver and a pedestrian share responsibility for an accident. In Texas, a party can sue another party for damages as long as the suing party is less than 50 percent responsible for an accident. However, determining fault sometimes takes a judge or jury, so speak with a personal injury lawyer about your case.
Contact a Carrollton, TX Personal Injury Lawyer Today
Although pedestrians have the right of way in certain situations, careless or dangerous behaviors from a pedestrian can cause serious car accidents that result in personal injury and property damage. If you were hurt or lost someone you love in a car accident because of a pedestrian’s actions, call a Carrollton, TX personal injury attorney today. At Hartley Law Firm, protecting your rights, pursuing justice, and ensuring you have what you need to recover are our top priorities. Call us at 469-289-6063 now.