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Usually the driver is liable in a pedestrian-car accident - but that's not always the case.
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Is the Driver Always at Fault in a Pedestrian vs. Car Accident ?
Usually the driver is liable in a pedestrian-car accident - but that's
not always the case.
By Coulter Boeschen
Drivers are required to be extra cautious when a pedestrian is present or is likely
to be present. But pedestrians are not faultless in all situations. In fact, a
pedestrian might even be liable for a driver’s damages after a car-pedestrian
accident, depending on the circumstances. This article discusses the law
regarding liability when it comes to car versus pedestrian accidents.
The Driver’s Duty of Care
All drivers are responsible for driving carefully under the given circumstances. In
the realm of personal injury law, this responsibility is called a duty of reasonable
care or due care. The driver is held to the standard of what a normal, careful and
prudent person would do in the same circumstances. When driving, not all
circumstances are the same.
The law holds that a normally cautious person is extra vigilant and maintains their
car under strict control when they know a pedestrian is nearby or might be
nearby. For example, somebody might be driving their car at the 25 mile an hour
speed limit and still be liable for an accident if they didn’t slow down as soon as
they saw a young child wobbling on a bike ahead -- the argument being that any
normally cautious person would slow down in that kind of a situation.
When a Pedestrian Is Responsible for the Accident
A normal, cautious person would take steps to avoid hitting a pedestrian in any
situation if at all possible. However, if the pedestrian acts in way that makes it
impossible for someone driving in a normal, cautious manner to avoid a collision,
a judge or jury will find that the pedestrian caused the accident.
For example, if a driver is going the speed limit through a commercial district and
a pedestrian runs out from behind a parked car just a few feet in front of the
driver’s car, the driver will not be held liable. In fact, even if the driver was going
five or ten miles over the speed limit, but the pedestrian jumped out so close to
the car that the driver could not have avoided the collision at any speed, the
driver will likely still not be held liable (although they both might be held at fault to
different degrees, see below).
If a pedestrian jumps out or behaves in some other manner that forces someone
driving in a normal, cautious manner to take evasive maneuvers, the pedestrian
will be held liable for any damages those maneuvers cause. For example, if a
pedestrian walks along a freeway at night in dark clothing and a driver swerves
into another vehicle when she sees the pedestrian at the last second, the
pedestrian will probably be held liable for any injuries to the occupants of both
vehicles, and for any vehicle damage resulting from the drivers' efforts to avoid
hitting the pedestrian.
When Both the Driver and the Pedestrian Contributed to the
Accident
Not all accidents have one completely guilty party and one completely innocent
party, and that includes car-pedestrian accidents. Often, both parties may have
been acting in a manner that was not normal and cautious under the
circumstances.
Depending on the state, there are two different ways this situation can affect a
lawsuit. In any state, a jury is required to find what percentage (if any) a plaintiff
contributed to the accident that led to his or her own injuries.
For example, a jury may say that a plaintiff pedestrian who was jaywalking was
60% responsible, and the speeding driver that hit the pedestrian (and who the
pedestrian then sued) was 40% liable. In some states, the defendant driver
would be required to pay the plaintiff pedestrian for 40% of the pedestrian’s
losses associated with the accident (called "damages").
In other states, however, the defendant driver would not be required to
pay anything because the plaintiff pedestrian was more than 50% responsible for
the accident, so he or she cannot get compensation from any other at fault party.