Seasoned Personal Injury Lawyers

Serving Metro New York

Can a pedestrian be at fault for a car accident?

On Behalf of | Nov 7, 2024 | Pedestrian Accidents |

When a car collides with a pedestrian, most people may consider the pedestrian the victim. This could be the tendency since pedestrians are more prone to severe injuries in a collision with a vehicle, no matter how minor the incident.

Still, these possibilities might not be enough to assign fault to the involved driver. Many factors, including the events leading up to the crash, could come into play when determining who is to blame for a collision.

How pedestrians contribute to the incident

Other times, a thorough investigation could be necessary to pinpoint what or who contributed to the accident. A pedestrian could be at fault fully or partially if they acted negligently, resulting in the collision. Sometimes, these crashes happen because a person decides to jaywalk or refuses to cross using designated lanes.

If these events happened before the accident, it is possible to link them and place some, if not all, blame on the pedestrian. This information could affect their ability to take legal action against the other party for damages.

For contributory negligence states, pursuing compensation could be impossible. On the other hand, states that follow comparative negligence laws can pursue partial compensation based on the pedestrian’s contribution, often measured in percentages. Understanding these policies could be crucial when determining what to do after an accident.

Knowing what happens next after a collision

The aftermath of a car crash could be confusing, regardless of being the pedestrian or the driver. In these situations, seeking legal guidance could be helpful when determining what steps are necessary to hold at-fault parties accountable for their negligence. It might not guarantee a favorable outcome, but experienced insight could help clear up any misunderstandings.

Archives