Who is at Fault when a Pedestrian is Hit By A Car?

Who is at Fault when a Pedestrian is Hit By A Car?

You’re running across the street in the middle during a lull in the traffic. One second it’s all clear, the next second a car comes out of nowhere and clips you.

Or maybe the light just changed and you’re almost to the other side when suddenly a car making a right turn hits you.

Is it your fault for crossing without a light or moving too slow?

When it comes to an accident involving a pedestrian, the issues of responsibility and damages aren’t always clear.

If you have been involved in an automobile accident as a pedestrian, you need to call Silkman Law Firm and have your case reviewed.

Fault for Pedestrian Accidents

When reviewing a pedestrian accident, we look at the evidence for all parties to determine what, if any, level of fault should be assigned to each party.

As the pedestrian who was struck, there is some responsibility for following the laws of the road and understanding what is going on around you.

Before you assume you were totally at fault, the actions of the driver should be reviewed.

Were they distracted? Intoxicated? Where they texting and driving? Was there any sign they tried to slow down?

Because it can be complex, it requires an experienced personal injury firm like Silkman Law Firm to help untangle the web of responsibility in these cases to make sure that you get the compensation you deserve.

What if I wasn’t crossing at a crosswalk?

ARS 28-793 defines it as crossing at other than a crosswalk and calls out specific scenarios:

  1. A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway.
  2. A pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles on the roadway.
  3. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

But with all of that being said, the reality is that just because you were jaywalking doesn’t mean the driver isn’t responsible.

It’s important that you not pre-judge your own case.

You might think it was your fault but without knowing all the details, you could be accepting an outcome that is less than you should be getting.

Get experienced help in your injury case.

We review the evidence of your case and get you the compensation you deserve.

It’s time for a free case review from the experienced team at Silkman Law Firm.

Contact us or call the experienced team at Silkman Law Firm at 602-535-5899 today

2015-10-11T15:58:15+00:00 Oct 11th, 2015|Pedestrian Accident, Personal Injury Law|