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Who Is at Fault in a Car-Pedestrian Accident?


Pedestrian accident lawyer is not as common a term as other terms related to accident lawyers. It is because of a common public perception. Generally, people blame the one with bigger vehicle to be at fault. When it is a car-pedestrian accident, most of the people blame the car driver to be at fault. However, pedestrians can be at fault, too, whether fully or partially. How, you ask? Here is the explanation.

How Do They Find the Fault?

The decision of a car-pedestrian accident is not made based on witness statements, like it is done in other types of crimes and accidents. In car-pedestrian accident, the jury or insurance adjuster mostly makes the decision. You might be surprised to know this!

The jury or insurance adjuster will evaluate the facts by looking at the case from different angles. They will check out the stories of the car driver as well as of the pedestrian. Furthermore, they will implement the laws of transportation and driving like speeding laws. They will also gather the necessary documents like driving history of the car driver and any previous accidents of both. They may also export testimony, or gather police records. After all these inquiries, they will charge the one at fault for the accident.

What Happens Now?

Consider this. If they charge the car driver for accident then there are two circumstances. The driver will make an offer to pay some money to the pedestrian. This settlement will resolve the case. The driver will need legal advice of a car accident lawyer in this case. Secondly, the driver will be charged to pay the pedestrian bills. The driver may claim the charges to their insurance company, if the company offers these services. The driver will need a car accident lawyer in this case too. The pedestrian may also sue the car driver for the accident. Most of the insurance carriers do not argue much to pay for the accident.

Consider the second case. The jury charges the pedestrian for the accident. If the pedestrian is fully blamed for the accident then there are two cases. The pedestrian will be charged for paying compensation for the injuries. This is an external court settlement. If the pedestrian is unable to pay off the compensations then the car driver is eligible to sue the pedestrian. In either case, the pedestrian will need a pedestrian accident lawyer to handle the legal complications.

When a Pedestrian is at Fault?

A pedestrian is at fault when they are crossing outside the crosswalk, crossing against signal, crossing while intoxicated, and walking in pedestrian-restricted areas.

Can a Pedestrian Accident Lawyer Help?

A pedestrian accident lawyer can protect your rights by evaluating the situation, finding the person at fault, negotiating to successfully win the case, and preparing and applying for your insurance recoveries. You should contact a pedestrian accident lawyer as soon as possible. It is always a good practice to consult with a pedestrian accident lawyer as a precautionary measure. Contact Wilshire Law Firm for more information, consultancy, and handy advice from the expert pedestrian accident lawyers and car accident lawyers.

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