When it comes to accidents involving cars and pedestrians, the law is stacked against cars. Drivers are usually supposed to avoid hitting pedestrians at all costs. However, there may be times when the pedestrian is at fault.
Why Are Cars Usually to Blame for Pedestrian Accidents?
Cars are usually to blame for pedestrian accidents because drivers have a responsibility to be able to avoid all hazards. In a pedestrian accident, the driver may be cited for not being able to stop in time or for not paying attention to their surroundings. Even when the driver technically has the right of way, they should be looking out for potential hazards, including pedestrians, and be prepared to stop.
What if the Pedestrian Breaks the Law?
Unlike in an accident between two cars, breaking the law doesn't automatically make the pedestrian at fault. For example, if a car runs a red light into another car, the car that ran the red light is going to be at fault for the accident. If a pedestrian walks into an intersection when they don't have the light, a car with a green light could still be found liable.
The trick to making the pedestrian liable for the accident and being able to claim your property damage or medical expenses is to show they acted unreasonably. If they cross illegally but you had time to stop, the judge probably won't find in your favor. On the other hand, if you're driving down a busy road at the posted speed limit and the pedestrian runs into traffic, the pedestrian will probably be liable for the resulting accident.
What if It's a Car Accident Caused by a Pedestrian?
If there's an accident between two cars that was caused by what a pedestrian did, similar logic applies. For example, a car might swerve to avoid a pedestrian running into the road and hit another car. The car that swerved can sue the pedestrian for acting unreasonably and causing the accident.
However, the car that swerved would likely be to blame for the damage or injuries caused to the other drivers. Drivers must remain in control even when taking evasive action, so they must avoid hitting other cars. However, the second car may also have some fault for the accident if they were speeding or otherwise contributed towards it.
To learn more about whether you can sue a pedestrian for a car accident, contact a local car accident lawyer today.