Who is Liable for Pedestrian Accident? ⚖️ » Pacific Coast Injury Law Center

Determining liability in a pedestrian accident depends on the specific circumstances of the incident. Liability is typically assigned to the party whose negligence or wrongful actions caused the accident. Here are some common scenarios:

  1. Driver negligence: If a driver fails to exercise reasonable care, such as speeding, running a red light, driving under the influence of alcohol or drugs, or texting while driving, and hits a pedestrian, the driver is often considered liable for the accident.
  2. Pedestrian negligence: In some cases, the pedestrian may be partially or fully responsible for the accident. For example, if a pedestrian jaywalks or crosses against a signal and is hit by a law-abiding driver, the pedestrian may bear some or all of the liability.
  3. Government liability: In certain situations, the government may be liable for a pedestrian accident. This can occur if the accident was caused by a hazardous roadway condition, inadequate signage, poorly designed crosswalks, or other infrastructure-related issues.
  4. Shared liability: Liability may be shared between multiple parties if both the driver and the pedestrian acted negligently or contributed to the accident. The degree of fault assigned to each party will depend on the specific circumstances and the laws of the jurisdiction.
  5. Comparative Fault: Some jurisdictions follow a comparative fault system, where liability is divided based on the percentage of fault assigned to each party. For instance, if both the driver and pedestrian were found to be negligent, the damages might be apportioned accordingly.

It’s important to note that determining liability is a complex legal process that involves examining evidence, eyewitness testimonies, police reports, and other factors specific to the accident. If you are involved in a pedestrian accident, it is recommended to consult with a personal injury attorney who can provide guidance based on the laws applicable to your jurisdiction.

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