For obvious reasons, accidents involving cars and pedestrians typically end with a significant disparity in damage. The pedestrian may sustain serious or even fatal injuries, while there’s little to no damage to the automobile. With no barriers between them and the dangers of the road, pedestrians are in a very vulnerable position. Many believe that a pedestrian always has the right of way, but the truth is that the pedestrian can be at fault in an auto accident.
Determining Fault in Pedestrian Accidents
In some accidents, the driver is at fault for striking a pedestrian. Running a stop sign or turning right on a red light when pedestrians are crossing are quite common. However, pedestrians typically have a greater ability to avoid accidents when compared with drivers. As with other injury claims, negligence laws determine fault, and if the pedestrian’s behavior causes an accident, that person will be held responsible.
Shared Responsibility for Auto Accidents Involving Pedestrians
In some cases, the pedestrian and the driver share blame for the auto accident. For instance, if the pedestrian jaywalks and the driver speeds, they can both be held liable for the incident. Outcomes vary because of the differences between contributory and comparative negligence, and a motor vehicle accident attorney in Gonzales, LA can give a client realistic expectations.
- Under the doctrine of contributory negligence, if a defendant can show that the plaintiff’s actions contributed to the accident, that person cannot recover.
- In comparative negligence, the fault is allocated between the parties. The defendant’s liability may be lessened, and a plaintiff’s recovery is reduced according to his or her share of fault. In some areas, a person considered to be more than 50% at fault for an accident cannot recover anything from the other party.
Louisiana follows the comparative negligence doctrine, and a driver and pedestrian who share fault for an accident can only recover for the portion of the damages caused by the other party.
Auto accidents can have lifelong effects, particularly for pedestrians. However, a pedestrian can be held liable for an accident because they have the same duty of care that a driver has. A motor vehicle accident attorney in Gonzales, LA can provide help and advice to either side in an accident case. Visit Thelitigationfirm.net for more information or to schedule a consultation.
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