A pedestrian may share fault for a car accident if they violate traffic laws or enter the roadway in a way that contributes to the crash. Still, drivers have a duty of care and must try to avoid hitting pedestrians when possible.
If you were hurt while walking, a Greenville car accident lawyer at Smith Jordan Law can help you understand who may be responsible and whether you may have a personal injury claim.
What pedestrian mistakes can lead to fault?
Pedestrians can share fault in a car crash when their actions help cause the accident. This does not mean the driver is always free from blame. It just means the pedestrian’s choices may be part of the case.
Common mistakes may include crossing the street outside a crosswalk, crossing against a traffic signal, or stepping into traffic without looking. Fault may also come up if someone walks out from between parked cars, walks on a highway where pedestrians are not allowed, or fails to obey traffic signs. A pedestrian may also share fault if they walk into the road while distracted by a phone, headphones, or something else that keeps them from noticing traffic.
These issues often come up in pedestrian accident cases. For example, if a person runs across a busy road at night and a driver does not have time to stop, the insurance company may argue that the pedestrian caused the crash. But every case is different. Even when a pedestrian made a mistake, the driver may still have been speeding, distracted, impaired, or not paying attention.
Do drivers still have to avoid hitting pedestrians?
Yes. Drivers have a continuing duty to use reasonable care to avoid striking pedestrians.
They have a duty of care behind the wheel. This means they must watch the road, obey traffic laws, slow down when needed, and do what they can to avoid hitting someone. This is especially important in neighborhoods, school zones, parking lots, crosswalks, and other places where children or families may be walking. If a driver was texting, speeding, running a red light, or not watching the road, they may still be at fault for hitting a pedestrian.
Can a pedestrian still get money if they were partly at fault?
Yes, sometimes. In South Carolina, a pedestrian may still recover money if they are 50% or less at fault. If they are more than 50% at fault, they may not be able to recover money from the driver.
This can matter a lot in pedestrian accidents. A person may have made one mistake, but the driver may have made a bigger one. For example, a pedestrian may have crossed outside a crosswalk, but the driver may have been speeding or looking at their phone.
If the pedestrian can bring a claim against the driver, the amount they receive may be lowered based on their share of fault. Money in a pedestrian car accident case may help pay for medical bills, lost wages, pain and suffering, and other losses.
How is a pedestrian’s fault decided?
Fault is decided by reviewing the evidence. Important evidence may include the police report, witness statements, photos, video, traffic signal timing, vehicle damage, and medical records. The location of the crash also matters. Was the pedestrian in a crosswalk? Was there a walk signal? Were parked cars blocking the driver’s view? Was the driver speeding? Did either person fail to obey traffic laws?
The insurance company may try to blame the pedestrian to pay less money. That is why it is important to be careful about what you say after the crash. Injury attorneys can review the facts and help explain what they may mean for your case.
Talk to Smith Jordan Law about your accident
If you were hurt while walking, Smith Jordan Law can help you understand your options. A pedestrian accident lawyer can deal with the insurance company, gather evidence, and explain whether you may have a claim. If you were hurt in a pedestrian accident in Greenville or nearby, contact us today at (864) 343-2222 to schedule a free consultation.