Determining Liability In A Pedestrian Car Accident 

Juliet D'cruz

Updated on:


If a collision occurs between a car and a pedestrian, the pedestrian is more likely to suffer the most harm. The pedestrian is unprotected and without the covering of steel and plastic that the car driver has due to its cover, along with the airbags and seatbelts to safeguard him.  

Assessment of case-related information.

The jury assesses all the facts related to the case to determine the liability and find the negligent person. In some cases, it is possible that both the driver and the pedestrian share the liability, and the jury will further decide each party’s fault percentage. Consult a car accident attorney in Roseville to have the best legal team to fight your case and increase your potential to win.

To decide the proportion, the jury will consider factors such as if the pedestrian was walking within the designated walkway or if the driver that caused the accident was mindful of where they were heading. Other factors like attention span, road, and possible distractions like phone use are checked and displayed to the jury during the trial. The jury evaluates the case thoroughly and decides who is at fault, who is negligent, and how much fault proportion is assigned to each party.

Proving Driver Liability

If the driver struck a pedestrian, it is required to prove these things to make the driver liable for the accident.

  • The driver owed a duty of care to the pedestrian. 
  • The driver breached the duty of care. 
  • The driver’s negligence caused the injury. 
  • The driver is responsible for avoiding hitting pedestrians at all costs.

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Pedestrian’s Duty

The driver and the pedestrian must be mindful of their behavior and follow all guidelines. Along with drivers, pedestrians also share some of the responsibility. They are as follows:

  • Pedestrians must abide by the walk signs. 
  • A pedestrian should never leave a curb suddenly or run on a path extremely close to a vehicle.
  • Pedestrians should always walk on the right half of the crosswalks. 
  • If a sidewalk is available, a pedestrian should avoid walking on the adjacent roadway at all costs. 
  • If no sidewalk is available, a pedestrian should always walk along the region near the outer edge of the roadway. 

Talk to a personal injury attorney. 

Personal injury attorneys deal with car accidents involving pedestrians. Therefore, a reliable attorney can help you collect evidence, file a claim, and get maximum compensation for your injuries. 

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