Can A Pedestrian Be At Fault In A Car Accident?

When we hear about traffic accidents, the initial assumption is that the vehicle driver was responsible. However, in reality, a pedestrian can also be at fault from a legal standpoint, in whole or in part. In such cases, it is best to consult experts like an auto accident attorney in Riverside, CA, who can provide a proper defence on your behalf. 

As in any other case, it is essential to determine who was at fault and for them to carry out the legalities and provide compensation to the victim. Therefore, let’s have a look at some scenarios where the pedestrian can be partly or entirely be at fault for an accident involving a vehicle:

  1. Crossing Against The Traffic Signal: Traffic signals are universal, and everyone has the basic knowledge of the lights and their indications. If a pedestrian is irresponsible and attempts to cross the road against a red “Do Not Walk” command, they are liable to be prosecuted in the case of an accident resulting from the same. 
  2. Entering A Highway Or Street While Intoxicated: If a pedestrian enters a street or highway while under the influence of any intoxication and their state leads to an accident, they are liable to be held responsible for that accident. In many such cases, the court rules in favor of the pedestrian if there is not enough proof. Thus it is recommended to seek the help of a professional law expert like an auto accident attorney in Riverside, CA, to avoid paying any unnecessary compensation or serving time. 
  3. Walking In Areas Where Pedestrian Access Is Prohibited: There are certain areas like highways, bridges, and causeways where pedestrians must not walk. These areas are exclusively meant for vehicles. If an accident occurs in such an area, the pedestrian will most probably be counted entirely responsible and cannot claim compensation of any sort.
  4. Comparative Negligence: Most states follow a version of the comparative negligence rule where an injured person can claim compensation from the other party, but a certain amount is reduced from the claims. This reduced amount is equal to the percentage of their share of fault in the accident. 
  5. Contributory Negligence: This rule is considered harsh but still used in some jurisdictions. Even if injured, the person will be held responsible equally. Regardless of their share of fault, they are denied claims to any kind of compensation from the other party in court. 

Final Thoughts

Traffic accidents can be some of the most gruesome outcomes of negligence or irresponsibility. Even the fault of a single person can cause a lot of damage to property and life. However, knowing and abiding by the law can prevent such mishaps and avoid unnecessary losses. 

In the case of such an incident, it is best to consult experts like an auto accident attorney in Riverside, CA, to smoothly carry out legal procedures according to law and claim compensation for any damage or injuries from the party at fault in court. 

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