Pedestrian Injury – Who’s At Fault?


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Hitting a pedestrian when driving is scary, but it's certainly not uncommon. In fact, according to the National Highway Traffic Safety Administration, more than 60,000 pedestrians were hurt in traffic accidents in one year alone. Causing a pedestrian injury when you're driving at a speed of over 30 miles per hour can lead to serious fatalities.

Who's At Fault For a Pedestrian Injury?

When a driver hits a pedestrian, one of the main questions is: who caused the accident? Typically, fault is determined by a law of negligence. A driver who has failed to exercise a reasonable standard of care under the circumstances can be considered negligent. Consider this, though: both the pedestrian and drive can be negligent. For instance, a pedestrian could be crossing the street illegally while the driver is driving faster than the stipulated speed limit. This can be treated differently in different states though. In same states a "pure contributory negligence" rule is followed. This means that if a pedestrian contributed even in the slightest bit to an accident, he and his insurance company may not recover damages from the driver and his insurer. Then there are those states who follow a "comparative fault" rule. With this rule, if a pedestrian injury is incurred, the pedestrian may recover some damages if he was partly at fault.

Avoid a Pedestrian Accident

The best way to avoid a pedestrian accident is to realize that "defensive driving" means you need to be wary of people who walk, operate a wheelchair, cycle, roller skate, rollerblade, play in the road and ride an electric scooter. Pay special attention to youngsters and older adults. These people are usually a little less aware of drivers on the road and are more likely to stray outside crosswalks without paying attention to traffic signals. It is important to take note that people who are not in a vehicle and are in the road are extremely vulnerable and a lot more likely to be seriously injured than the driver. If you take the proper precautions to warn pedestrians of your approach and give them time to move out of the way, you can avoid causing a pedestrian injury.

Seeking Advice From a Lawyer

State laws do vary considerably when it comes to car insurance companies. Each scheme has exclusions and limitations. What's more, recovery can depend on the particular insurance policies involved and the judicial decisions made in that state. To sort out the process of determining who is at fault for a pedestrian injury and how to make claims as well as who is entitled to what, pedestrians and motorists should seek advice from a professional, such as the experienced lawyers at Clore Law. The team will be able to assist with personal injury claims as well as help you deal with insurers. Pedestrians can talk to an attorney about which auto insurer to approach first, and from which insurance company they may be able to receive any additional coverage. To talk to a lawyer today, call us at 843-722-8070.

Contact Us

Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, or business tort. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.