Can the Pedestrian Be At Fault?
When an accident happens that involves a vehicle and a pedestrian, usually the pedestrian is injured or sometimes killed and the often-automatic assumption is that the driver of the car is at fault. The old adage “the pedestrian has the right of way” stick in the minds of most people but it’s not always accurate from a legal standpoint.
The pedestrian can actually be to blame for an accident, even if he or she is the one who is seriously injured. While investigating a pedestrian accident to determine who is at fault, jurors and insurance adjusters look at the stories of the pedestrian and the driver, applicable laws such as speed limits, and the information contained in the police report.
If it turns out that the pedestrian deserves all the blame for the accident, he or she will probably not be able to get compensation for the injuries they received. In fact, the driver may be able to file a suit against the pedestrian for any damages caused to the car or injuries received.
AllLaw lists some of the common situations in which the pedestrian may be found at least partially at fault for an accident involving a car:
- Jaywalking or crossing in the middle of the street without a crosswalk
- Crossing in the crosswalk, but during a red “Do Not Walk” command
- Entering a street or highway while intoxicated
- Walking along highways, bridges, or causeways where pedestrian access is prohibited
During the summer months in Alaska, there are more pedestrians out taking walks and enjoying the weather. In Fairbanks, with more people sharing the streets with vehicles, the risk of pedestrian accidents increases. Children may be especially at risk because they might not yet understand road and safety rules.
Even if there are reasons for pedestrians to be at fault for an accident, drivers should be more aware and careful when there are more pedestrians on the road. In a case where a pedestrian was jaywalking that person may be mostly at fault, but the driver also may not have been driving at a safe speed.
If you have been involved in a pedestrian accident in Fairbanks, AK and are concerned with who is at fault, contact an experienced personal injury and accident attorney. The attorneys at Ringstad Law Office, P.C. know the law and how to answer any questions you may have about your unique case.