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Determining fault in a pedestrian accident

On Behalf of | May 8, 2020 | Auto-Pedestrian Accidents |

Pedestrians are the most vulnerable on the road because they have no form of protection in the event of a collision. Generally speaking, parties with the most capacity to cause harm have the highest responsibilities. This is why truck drivers must engage in additional training and are held to higher standards when it comes to having alcohol in their system when driving.

Therefore, pedestrians do not tend to be considered at fault when they are involved in an accident involving a vehicle. The driver involved should have been actively looking out for pedestrians and should have been moving at a speed that enabled them to stop in good time to avoid a collision. However, there are some circumstances in which a pedestrian could be determined to be at fault.

When a pedestrian is on an interstate highway

Shockingly, more than 10% of all pedestrian fatalities occur on interstate highways. Of course, a driver is never anticipating that a pedestrian will be trying to cross a highway such as this, and they may be traveling at speeds too high to avoid a collision.

Reckless behavior

A pedestrian could also be deemed to have engaged in negligent behavior if they unexpectedly dart in front of a vehicle in a reckless way. Acts such as this make it nearly impossible for a driver to prevent hitting the pedestrian.

If you have been involved in an accident with a pedestrian and you want to show that you were not at fault, getting witness statements or access to security cameras could help you to do this. Always make sure that you take swift action to correctly determine fault after an accident.

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