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Is the Driver Always at Fault in a Pedestrian vs. Car Accident?


May 18, 2018

You may think it’s obvious that the driver in a pedestrian accident must be at fault, but it’s not always the case. Here, you’ll learn from our pedestrian accident attorney Los Angeles, that there are certain situations where the pedestrian is at fault.

Every driver must drive carefully, and if there are pedestrians or the possibility of pedestrians nearby, drivers need to be extra cautious. Our pedestrian accident lawyer Los Angeles will tell you that the legal term is known as duty of reasonable or due care, which means that the driver should be careful at all times and do what a reasonable person would do in such circumstances. For example, if you are driving at the speed limit and see an elderly person starting to cross the street, a reasonable person would begin to slow down, so they can stop at the appropriate time if necessary to avoid colliding with the person.

Since not all of the circumstances are the same, there is a chance that the pedestrian may be responsible for the accident. If the driver is following normal and cautionary procedures while driving and takes the necessary steps to not hit a pedestrian, then they may not be at fault. If they do hit the pedestrian because the person acted in a way that made it impossible for the driver to avoid hitting them, a pedestrian accident attorney Los Angeles will show a judge or jury that the pedestrian caused the accident.

If a pedestrian is visibly hidden for the active driver by a parked car or other objects on the side of the road, and suddenly appears just a few feet in front of the moving car, the driver will not be held responsible because there is no way the driver could have slowed down to avoid the collision. Another example is if a pedestrian is wearing dark clothing while walking on a busy street at night and a driver does not see him until the last minute, the driver may swerve into another vehicle or hit the pedestrian.

In some cases, our pedestrian accident lawyer Los Angeles may say that both the pedestrian and driver may be considered at fault. If both parties are acting strangely, the pedestrian may be held accountable for a percentage of his or her own injuries. The driver will be held accountable for the other percentage. If the pedestrian is held responsible for more than 50 percent of damages, the driver may not have to pay anything.

Contact us any time for a free, no-obligation consultation at (888) 888-9285 and talk to a personal injury lawyer.

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