Being hit by a vehicle will be a traumatic and possible a tragic accident for two sides of people: the victim of the accident, and the individual who hit them with their car, whether it was an accident or not. Immediately following the accident, you would be more concerned for you or someone else’s safety if you’re ever on either side of the accident. Questions about a legal case probably wouldn’t come to mind until once the aftermath of the accident has set in.
If someone suffered injuries in the accident and if someone else was responsible for those injuries, a lawsuit or some sort of legal case will almost always result. But whose fault is it in a pedestrian accident?
Who’s Fault Is It?
Without deciding whose fault it is in an accident, the entire lawsuit will be meaningless. Unfortunately, it can be very difficult to decide whose fault it really is. Things to take into consideration for deciding whose fault it is will include finding out if the driver ran a red light, if he or she was speeding, if they were under the influence, or if the pedestrian is technically at fault and could have easily avoided the accident. For instance, did the pedestrian wander out into the middle of traffic while distracted by their phone?
The pedestrian will only be able to win a case if they can prove that the driver is somehow at fault. Unless if the pedestrian wandered out into traffic and there was no way for the driver to avoid the pedestrian, the driver will almost always be at fault or partially at fault.
On the other hand, it’s also entirely possible that neither the driver or the pedestrian are at fault, but that a different person caused the accident. Perhaps another driver or another pedestrian on the road caused the accident when they ran a red light or stepped into the middle of the street and forced a driver to swerve and avoid them.