Pedestrian accidents often result in severe injuries because there is little to protect a person walking when a vehicle strikes them. Determining who is at fault in these cases depends on the specific circumstances of the accident and the traffic laws that applied at the time. A Charleston, WV pedestrian accident lawyer can help injured pedestrians understand how fault may be determined and what compensation may be available after an accident.
The General Rule of Driver Responsibility
Drivers have a duty to watch for pedestrians and exercise caution, particularly in areas where pedestrians are likely to be present, such as crosswalks, parking lots, and residential neighborhoods. When a driver fails to yield the right of way, is distracted, or is driving too fast for conditions, they can be held liable for injuries caused to a pedestrian.
When Pedestrians Can Share Fault
While drivers often bear significant responsibility in these accidents, pedestrians can also be found partially at fault in certain situations. This might include crossing outside of a marked crosswalk, crossing against a traffic signal, or stepping into traffic unexpectedly. Many states use a comparative fault system, which allows compensation to be reduced based on the pedestrian’s percentage of fault, rather than eliminating the claim entirely.
Common Causes of Pedestrian Accidents
Some of the most common causes of pedestrian accidents include distracted driving, such as texting or using a phone, failure to yield at crosswalks or intersections, speeding, drivers turning without checking for pedestrians, and poor visibility due to weather or lighting conditions.
Right of Way Laws
Right of way laws vary depending on location, but pedestrians generally have the right of way in marked and unmarked crosswalks. However, this does not mean pedestrians can ignore traffic signals or step into the street without looking. Understanding the specific traffic laws that applied at the time of an accident is an important part of determining fault.
Evidence in Pedestrian Accident Cases
Because pedestrian accidents can happen quickly, gathering strong evidence is important. This can include photos of the accident scene, traffic signals, and crosswalk markings, witness statements, surveillance footage from nearby businesses, and the police report documenting the officer’s assessment of the scene.
Injuries From Pedestrian Accidents
Pedestrians struck by vehicles often suffer serious injuries due to the size and speed difference between a person and a car. Common injuries include broken bones, traumatic brain injuries, spinal cord injuries, and internal injuries. Recovery can be lengthy, and some injuries result in permanent disability.
Steps to Take After a Pedestrian Accident
If you are involved in a pedestrian accident, call 911 and seek medical attention right away, even if injuries seem minor at first. Try to get the driver’s information, including their name, contact details, and insurance information. If possible, take photos of the scene and get contact information from any witnesses. Avoid discussing fault with the driver or their insurance company until you understand your rights.
The Bottom Line
Pedestrian accident cases require a careful look at the specific facts, including the actions of both the driver and the pedestrian. If you or a loved one has been hit by a vehicle while walking, understanding how fault is determined can help you take the right steps to protect your claim. If you or a loved one has been injured in a pedestrian accident, contact Hayhurst Law PLLC to discuss your situation and learn more about your legal options.
