Many assume that pedestrians always have the right of way when it comes to traffic accidents involving pedestrians. But is it really that simple? Not necessarily. While drivers have a duty to watch out for people on foot, pedestrians also have responsibilities when sharing roads and pathways. Accident liability is often determined by comparative negligence, which considers how much fault each party shares.
If you've been injured as a pedestrian or involved in a pedestrian-related accident, understanding how negligence works is key to protecting your rights and pursuing proper compensation.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine fault in accidents where more than one party may be responsible. Instead of assigning full blame to just one person, courts divide responsibility between all parties based on their level of negligence. For example, if both a driver and a pedestrian were acting carelessly, each might be assigned a percentage of the fault.
There are two main types of comparative negligence used in the United States:
Pure Comparative Negligence
Under this model, even if you are 99% at fault for an accident, you can still recover 1% of the damages. Your percentage of fault reduces your compensation.
Modified Comparative Negligence
This model has a threshold. If you are more than 50% (or in some states, 51%) at fault for the accident, you cannot recover any damages.
Different states follow different versions of these rules, so the specific laws where the accident happened will significantly impact your claim.
Do Pedestrians Always Have the Right of Way?
While pedestrians are given considerable protection under traffic laws, they are not always in the right. State and local regulations do impose requirements on pedestrians to behave responsibly and avoid contributing to unsafe situations.
Some common instances where pedestrians may share or bear fault include:
1. Jaywalking
Pedestrians are expected to use designated crosswalks when crossing streets. If a pedestrian chooses to cross mid-block or outside of a marked crossing area, they may be found partially liable if an accident occurs. Drivers aren't as likely to anticipate someone crossing outside a crosswalk, making jaywalking a significant factor in comparative negligence cases.
2. Ignoring Traffic Signals
Even when using a crosswalk, pedestrians must obey traffic signals and wait for the right of way before stepping into the street. For example, crossing on a red light or against a "Do Not Walk" signal can make it harder to argue that the driver was fully at fault.
3. Walking in Restricted Areas
Pedestrians who travel along highways or other areas where foot traffic is prohibited could contribute to an unsafe situation, especially if vehicles are traveling at high speeds.
4. Distracted Pedestrians
Just as distracted driving is a growing road hazard, distracted walking can contribute to accidents. For instance, someone glued to their phone, failing to look both ways or wearing noise-canceling headphones might be deemed partially responsible for their injuries.
5. Sudden or Reckless Movements
If a pedestrian suddenly darts into the street, giving a driver no time to react, the pedestrian might be found primarily at fault. Drivers still have a duty to act reasonably, but they cannot always prevent accidents caused by unexpected pedestrian actions.
How Is Fault Determined in Pedestrian Accidents?
Determining fault in a pedestrian accident often involves thoroughly investigating the circumstances. Insurance companies, attorneys, and courts assess several factors to decide who is liable and to what degree. Here's what they typically consider:
1. Duty of Care
Both drivers and pedestrians have a duty of care, meaning they must act in reasonably safe ways and avoid causing harm to others. Proving negligence usually starts by showing that someone breached this duty.
- Drivers are expected to obey traffic laws, pay attention to their surroundings, and yield to pedestrians at crosswalks.
- Pedestrians are expected to follow walking signals, stay within crosswalks, and avoid sudden or dangerous actions.
2. Evidence from the Scene
Photos, videos, and witness statements can help paint a clearer picture of what happened. A surveillance camera might show whether a pedestrian was using a crosswalk or if the driver ran a red light.
3. Speed and Conditions
If a driver was speeding, distracted, or under the influence, they’re more likely to bear the bulk of the responsibility. Conversely, if poor visibility, bad weather, or other environmental factors played a role, fault might be distributed differently.
4. State Laws
Traffic and pedestrian-related laws vary by state. A personal injury lawyer familiar with local regulations can help determine how these laws influence liability.
Real-Life Example of Comparative Negligence
Imagine this scenario:
You're walking to work and decide to jaywalk across a busy street instead of walking an extra half-block to the nearest crosswalk. Just as you step off the curb, a car turning at the intersection doesn't see you and strikes you, causing injuries.
Who is at fault here?
- The driver is responsible for ensuring the road is clear before proceeding, so they might be partially liable.
- However, you also contributed to the accident because you jaywalked and didn't use a crosswalk.
If the court assigns 60% of the blame to the driver and 40% to you under a modified comparative negligence system, you could recover 60% of your total damages for medical bills and lost wages. This equitable approach shows why understanding shared fault matters.
How a Personal Injury Attorney Can Help
Dealing with the aftermath of a pedestrian accident can be overwhelming, especially when comparative negligence comes into play. The good news is that you don’t have to figure it all out on your own. A skilled attorney can help you by:
1. Investigating the Case
Gathering evidence, interviewing witnesses, and analyzing police reports to build a strong case for minimizing your level of fault.
2. Negotiating with Insurance Companies
Insurance adjusters may try to assign more blame to reduce your settlement. An attorney can push back and secure fair compensation.
3. Calculating Damages
From medical bills and lost wages to emotional distress, they’ll ensure all your losses are accounted for.
4. Advocating in Court
If your claim goes to trial, having legal representation ensures your side of the story is presented effectively.
What Should You Do If You're Injured as a Pedestrian?
If you’re involved in a pedestrian accident, taking these steps can help protect your rights and your potential case:
1. Seek Medical Attention Immediately
Prioritize your health and document your injuries by visiting a doctor or hospital.
2. Report the Accident
File a police report to create an official record of the incident.
3. Document Everything
Take photos, gather contact information from witnesses, and keep records of any related expenses.
4. Avoid Admitting Fault
Be careful about what you say to the driver or their insurance company. Even casual apologies can be taken as an admission of guilt.
5. Consult an Attorney
An experienced personal injury lawyer can guide you through the process and help you understand how comparative negligence will affect your case.
Sacramento Pedestrian Accident Lawyer
In addressing the intricate legal concerns surrounding pedestrian accidents, Del Rio & Caraway, P.C. stands ready to assist those in Sacramento, CA. Our experienced legal team is dedicated to advocating for your rights and ensuring you receive the justice and compensation you deserve. Reach out today at (916) 229-6755 for guidance and support in navigating your legal path, transforming complexities into clarity for your peace of mind.