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A Pedestrian Caused Me to Crash. Who is at Fault for My Injuries?

 Posted on December 08, 2023 in Car Accidents

Fort Bend personal injury lawyerMore often than not, the vehicle's driver takes the blame when the vehicle collides with a pedestrian. However, this is not always the case. A pedestrian can be partially or wholly to blame for a collision, but the driver must prove liability or negligence. To ensure your rights are covered and you receive your due compensation, you must contact a personal injury lawyer to handle your case.

Why Are Drivers Usually At Fault?

Drivers are legally obligated to exercise caution while on the road and be on the lookout for obstacles and pedestrians wherever and whenever they may be present. A pedestrian is anyone walking, running, sitting, jumping, or performing any activity on or near a roadway. Individuals in wheelchairs or parents pushing babies in strollers are also considered pedestrians. So even if a pedestrian does something unexpected that causes you, the driver, to have an accident, chances are you will be held liable. It is incredibly rare for a driver to be entirely without blame in these situations, but not impossible.

When is a Driver Not At Fault For a Pedestrian Accident?

There are specific scenarios where the driver can avoid fault or only be considered partially at fault for an accident involving a pedestrian. Some of these situations include:

  • The government is responsible for road and traffic maintenance, including traffic lights, crosswalk signals, and fixing road issues. An injury or collision caused by a faulty traffic light or attempting to avoid serious road damage can potentially see the government holding the blame.
  • Employers who use commercial trucks to make deliveries cannot always control their drivers. An accident that occurs while a driver is on duty could see the employer being held liable for the damages. Such as in the case of an Amazon Prime delivery truck backing into someone walking their dog. So long as the truck itself is employer-labeled and the driver was on duty for the said employer, the liability may fall into the employer's lap.
  • Pedestrians choosing to walk on the road during oncoming traffic far from a crosswalk could be held partially liable for any collision or damages that occur. It may be easier for a prosecutor to claim negligence on the part of the pedestrian in this way. However, as the driver, you are still obligated to be on the lookout for these occurrences. Therefore, you may still be partially liable for the damages or injuries sustained yourself.

Contact a Fort Bend County, TX Personal Injury Lawyer

Facing charges of negligence or trying to receive compensation for injuries sustained in an accident that was not your fault? You should immediately consult a Katy, TX personal injury attorney. At The Hatton Law Firm PLLC, we will fight tooth and nail for every bit of compensation you deserve. Contact our office at 713-840-6344 for a free consultation so we can discuss how to get your fair share.

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