Many people automatically assume that a driver is always to blame for causing a pedestrian accident. However, it’s possible for a pedestrian to also be at fault, either completely or partially. Just because a pedestrian is careful does not mean he or she has the right of way. It also does not mean they will be exempt from liability if they were involved in a collision with a vehicle.
By law, drivers and pedestrians must be aware of their immediate surroundings. Following right of way laws may help absolve a driver of criminal wrongdoing, but this will not minimize his or her degree of fault. Even if a person walks across the street and does not use a pedestrian crossing when a driver has a green light, that driver still has a duty of care to avoid hitting that pedestrian.
Likewise, a pedestrian cannot suddenly step off the curb when a car is near. As mentioned, both drivers and pedestrians must be aware of their immediate surroundings and act in a safe manner.
Due to their violent nature, injuries suffered as a result of a pedestrian accident may require costly medical care. It’s likely that an accident victim will have to miss work or school for a long period of time. Sadly, many pedestrian accident victims may never work or live a full life again.
An injured pedestrian is typically entitled to sue for compensatory damages. Compensatory damages after a pedestrian accident may include: