When Is a Pedestrian at Fault for a Car Accident?
You may have heard the phrase “the pedestrian has the right of way.” While this is true in many cases, there are certain circumstances under which a pedestrian can be at fault for a car accident.
If you are a driver who has hit a pedestrian or a pedestrian who has been struck by a vehicle, don’t hesitate to contact a Denver pedestrian accident attorney.
Duty of Care
Personal injury law states that drivers and pedestrians must operate under their own ‘duty of care’ while sharing the road. This means obeying traffic laws and other unspoken, unwritten road rules, and if one party fails to act with the correct amount of care and harms another party, the first party will be responsible.
For example, if a Denver pedestrian is hit while jaywalking and a car cannot safely swerve to avoid them, the pedestrian is not seen as operating under the correct duty of care. They will be the party responsible.
Other situations where a pedestrian could be at fault, or at least share liability with the driver, include:
- Crossing the road while intoxicated
- Using a crosswalk before the signal says to do so
- Walking in dark conditions without reflective gear
- Failing to check before crossing the road
- Misjudging the speed of oncoming vehicles
When the Driver is at Fault
When a driver is clearly at fault for striking a pedestrian, the pedestrian will most likely be eligible for compensation from the driver or their insurance. If you are a Denver pedestrian who has been hit, hiring a pedestrian accident lawyer in Colorado is essential to ensure you receive fair compensation.
As drivers are much less likely to be harmed in an accident involving a pedestrian, they are responsible for maintaining pedestrian safety. Exercising this responsibility looks like this:
- Checking before making turns
- Obeying the speed limit around schools and in residential areas
- Keeping a sharp eye during bad weather conditions
- Maintaining the correct distance from school vehicles
If you are a Denver pedestrian who has been hit by a vehicle, you may be entitled to several damages. These damages include:
- Cost of medical bills and future treatment
- Reconciliation of income lost due to the accident
- Compensation for the economic impact on your future
- Compensation for pain and suffering due to the accident
Personal Injury Law
If you have been in a roadway accident involving a driver and a pedestrian, no matter which party you are, contact a Denver pedestrian accident attorney at Boyle Law Firm today. Give us a call at (720) 379-5480.