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Who Is at Fault in a Pedestrian Accident?

Law Offices of Jeff Martin Oct. 10, 2023

Pedestrian incidents can have devastating consequences, leading to severe injuries or even fatalities. Determining who is liable for such events is crucial for legal and insurance purposes. While general guidelines exist, each case is unique and requires a detailed examination of the circumstances. This blog post will explore who may be at fault in pedestrian accidents.

How Liability is Determined in a Pedestrian Incident?

Determining fault in a pedestrian accident involves carefully evaluating the incident's circumstances. While the specific legal principles may vary across jurisdictions, the following elements are often considered.

  • Duty of care: Understanding the responsibilities of all parties to ensure safety.

  • Breach of duty: Evaluating which party demonstrated negligence or irresponsibility.

  • Causation: Examining the direct link between negligent actions and pedestrian injuries.

  • Damages: Assessing the extent and nature of the harm suffered by the pedestrian.

When Is a Driver at Fault?

Pedestrians have the right of way in most situations, and drivers are expected to exercise caution and follow traffic laws. However, there are several scenarios where a driver may be considered liable for a pedestrian accident. Some of them are the following:

  • Driving under the influence (DUI)

  • Disregarding traffic lights or signs

  • Involvement in rideshare services

  • Making improper turns

  • Neglecting to yield

  • Speeding

When Is the Pedestrian at Fault?

While drivers are frequently held responsible for accidents, pedestrians themselves can also contribute to the occurrence of an incident. Here are several scenarios in which a pedestrian might be accountable:

  • Crossing mid-block

  • Darting into traffic

  • Disregarding the crosswalk signal

  • Engaging in jaywalking

  • Walking outside of an intersection or designated crosswalk

  • Walking while under the influence or impaired

When Is a Third Party at Fault?

In certain pedestrian incidents, neither the driver nor the person walking may be deemed accountable, as external factors or third parties might have played a decisive role. For example, if a vehicle involved in the accident had defective components or systems, such as faulty brakes or steering, the responsibility may lie with the manufacturer or maintenance provider.

Another situation arises when accidents occur due to insufficient markings or failure to implement safety measures in construction zones. In such instances, the construction company or contractor may be held liable.

Consult With Legal Professionals!

If you or your loved one has been involved in a pedestrian accident, seek guidance and representation from experienced legal personal injury attorneys. At the Law Office of Jeff Martin, we are committed to providing adequate legal support to assist you in navigating the complexities of your case, whether a pedestrian or car accident. Our law firm in Tulsa, Oklahoma, helps you seek the compensation you deserve.