If you were involved in an accident but that accident was caused when a pedestrian stepped out in front of you and you swerved to avoid hitting that pedestrian you may not be found to be legally at fault. There are situations where a pedestrian is at fault in an auto accident, such as crossing the street outside of the designated crosswalk.
It can be tricky to figure out who is actually responsible for causing an auto accident. If you were injured when you swerved to avoid a pedestrian and you want to know if you can get damages from a personal injury claim to pay your medical bills talk to an experienced personal injury today to find out what your options for filing a personal injury claim are.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Reasonable Driver Standard
Ultimately, it depends on the circumstances. Certain situations do exist where the pedestrian would be at fault, while other situations exist where the driver would be at fault.
Each driver is held to a standard otherwise known as the reasonable driver standard. This standard means that the driver is responsible for following the laws and rules of the road and to operate their vehicle in the same manner as a normal, careful and reasonably prudent driver would in the same or similar circumstances.
A driver is charged with the duty to be cautious when pedestrians are present. It is for this reason that most municipalities lower speed limits in certain areas were pedestrians are expected to be. If the driver approaches a crosswalk, he or she is expected to be aware of his or her surroundings and to act vigilant regarding any person walking in the vicinity.
If it is determined that you were not acting as a responsible driver, you would be held liable for damages and not the pedestrian. If you were not paying attention and saw the pedestrian before it was too late, swerved to avoid hitting him or her and hit another car or object, you will be held responsible for the damages.
You are expected to pay attention at all times and to respond accordingly when an obstacle approaches. This includes pedestrians.
When Would the Pedestrian Be Liable?
You often hear “pedestrians have the right-of-way,” and in most situations, this is true. However, pedestrians are also expected to proceed with caution when crossing an intersection or road. If the court finds the pedestrian acted in a way that would prevent a reasonable driver from avoiding an accident, he or she will be considered responsible.
Perhaps a driver is being cautious, driving the speed limit and obeying all traffic laws, when a pedestrian darts out from a hidden area, crossing the street just in front of where the driver is heading. Even if the driver was going as slowly as possible, he or she might not be able to avoid hitting the pedestrian or swerving and causing other damage.
The pedestrian may be liable to pay for the damages. Another situation would be if a pedestrian is walking along a road, such as an interstate, where pedestrians would not be, and he or she is wearing clothing that would make it nearly impossible to see the person walking.
If a driver sees that person and swerves just before hitting the pedestrian, that walker might be held responsible for the damages caused by his or her carelessness.
Shared Responsibility
More often than not, it is not black and white as to which person is responsible for the damages. The court or insurance company will look at the totality of the circumstances, and if it is determined that each individual played a part in the accident occurring, the damages might be assigned based on a percentage of fault.
This standard is otherwise known as comparative negligence. It occurs when damages are divided based on a percentage of fault each person played into an accident. In other states, they follow a standard known as contributory negligence.
This standard is much harsher in that it completely bars recovery should another individual be deemed to be at fault, even if just one percent to blame, in an accident. Other states have variations on these two rules. Speak with an attorney prior to proceeding if you feel the blame should be shared.
Contact an Attorney Today
If you are the victim of a car accident involving a pedestrian, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
You should speak with a personal injury attorney in your area today to receive the compensation for:
- Your medical bills
- Property damages
- Pain and suffering
