It would seem obvious who is at fault in a pedestrian accident. In the minds of the general public, the driver is always at fault whenever a pedestrian is injured. Even if this is true in the vast majority of pedestrian accidents, it is not always the case.
Make sure you weren’t to blame for the pedestrian accident before you Call Khan and hire an attorney.
Examining the Issue More Closely
First, we’ll address the driver and the pedestrian, so you don’t have to stress over whether or not you can afford an attorney after an auto accident.
What the Driver Did Right Before the Crash
In order to assign blame, we must first examine the driver’s conduct just before and immediately following the collision. Notable details include:
- Is the driver’s speed reasonable considering the conditions?
- Have they been paying attention to the road and their surroundings?
- When driving, was the driver following all applicable regulations?
- Where did the driver want to go that enabled driving?
Cause of the Accident, According to the Pedestrian
The next step is to investigate the pedestrian’s actions just before the collision. In the event of a pedestrian-vehicle collision, a lawyer may wonder:
- Did the pedestrian do anything illegal just before the crash?
- How about the pedestrian? Did they get the green light?
Assuming the answers are in the pedestrian’s favor, it’s exceedingly improbable that they were at fault for being struck by a moving vehicle. A pedestrian could be to blame if this doesn’t happen.
Reasons Why the Driver May Be to Blame
Let’s zero in on the driver and the various ways in which they could be at blame for the collision.
- Drugged driving
- Intentional Overspeeding
- Infraction: failing to yield to a pedestrian
- Accidentally passing through a crosswalk without stopping
- Those who speed through stop signs and red lights
- Refusing to check for pedestrians before crossing
- Refusing to yield to a cyclist
Some Possible Ways in Which Each Side Is to Blame
It’s possible that both sides are at fault. In many cases, this occurs when a motorist does not slow down at a busy junction and a pedestrian jaywalks at the same moment. That’s an instance where the blame should be shared. In a similar vein, some may believe that the driver is not at blame in an accident where a pedestrian was impaired. The driver bears some responsibility, though, if they were not paying attention to the road.