Is a Driver Always At Fault for an Accident If The Pedestrian is In or Near a Crosswalk?
No. Pedestrians do not always have the right of way in crosswalks. In pedestrian vs. driver crashes, figuring out who’s at fault for the accident requires determining the actions of the pedestrian and driver when the crash happened.
What Was The Pedestrian Doing When The Accident Occurred?
To figure out if the pedestrian is at fault, these main factors must be established:
- Did the pedestrian break any traffic laws?
- Did the pedestrian have the right of way?
If the pedestrian did not break any traffic laws and had the right of way, they would most likely not be found at fault for the accident.
However, jaywalking, or not using a crosswalk, is technically breaking the law. In this instance, a pedestrian would be considered partly at fault.
What Was The Driver Doing When The Accident Occurred?
To determine whether the driver is at fault, the following must be established:
- Did the driver have the right of way?
- Wasthe driver driving at a safe, legal speed, given the circumstances?
- Did the driver make an effort to avoid hitting the pedestrian?
If it can be proven that all of the above are true, the driver may not be found at fault for the accident. But if the driver failed to do one or more of the above, they may be found partially or fully at fault for the accident.
What If Both The Driver and Pedestrian Caused The Accident?
In some cases, both the driver and pedestrian may share fault for an accident. To illustrate, let’s say the pedestrian is jaywalking, the driver is speeding, and they collide. Because both parties violated a traffic law, both will share fault for the accident. But the driver’s level of fault will most likely be higher than the pedestrian’s because speeding is a more serious traffic violation than jaywalking.
Seek Legal Guidance From an Experienced Vernon Roadside Lawyer Now
If fault for the accident is not clear or you need to contest fault, you should talk to a lawyer as soon as possible.
A lawyer can investigate the accident, figure out who caused the crash, determine liability, prove your level of fault (if applicable), and secure the best possible results for your case. Reach out to the Vernon roadside lawyer at Berman & Russo and set up your free case evaluation by calling our office at 860-644-1548 or sending us a message online.