In an accident between a vehicle and a pedestrian, it may be easy to assume that the driver is at fault. However, a negligent pedestrian who steps into the road can make it difficult for a driver to avoid an accident. As a result, the driver may hit the pedestrian, veer off the road, or hit an oncoming driver in another car.
If a pedestrian caused a car accident, several things may happen. The pedestrian may be responsible for damages incurred by the driver. This may include medical expenses, lost wages, pain and suffering, and property damage to the vehicle. Even if the pedestrian is injured, they may still be liable for damages to the driver.
Examples of Pedestrian Liability
If a pedestrian is at fault for an accident, the driver may be able to file a claim against the pedestrian for any injuries they suffered.
Some scenarios under which a pedestrian may be at fault in a pedestrian accident include:
- Crossing the street in an area other than the designated crosswalk
- Not following a traffic signal
- Crossing the street while under the influence of drugs or alcohol
- Walking on roadways where pedestrians are prohibited
- Darting or running out in the street without regard for drivers
In these scenarios, the pedestrian may be at fault for the accident. In order to recover compensation for such an accident, the driver may have to prove that the pedestrian caused the accident and that they could not avoid hitting the pedestrian or getting into a wreck.GOT QUESTIONS… JUST CLICK HERE!
Proving Pedestrian Liability
When an accident occurs between a driver and a pedestrian, proving that the driver was innocent may be difficult. To establish pedestrian liability, the victim may need to collect evidence of how the pedestrian was responsible for the accident. Evidence in a pedestrian accident case may include:
Photos or Video Footage
Crosswalk areas often contain surveillance cameras in cities. Cameras can help you see the accident more clearly to establish what happened and who was at fault. Furthermore, any photos or videos taken at the scene of the accident may be used as evidence.
Eyewitnesses can be valuable to a driver’s case. Witnesses at the scene may provide written or verbal testimony that the pedestrian was at fault, and the driver could not have avoided hitting them or getting in an accident. If possible, the driver should try to get contact information from any witnesses.
Proving pedestrian negligence or careless actions can be challenging after an accident. Sometimes, lawyers defending victims in these cases hire accident reconstruction experts to testify in their client’s defense.
Comparative Negligence in a Pedestrian Accident
The driver may share some responsibility for the accident. A pedestrian may have been jaywalking. However, the driver may have been speeding or looking at their phone and failed to see the pedestrian. In cases where both parties are to blame, the pedestrian and the driver may enter into a comparative negligence case.
Civil Code § 2323 states that a plaintiff’s compensation may be reduced in proportion to the amount of responsibility they have for the accident in Louisiana. Accordingly, if a plaintiff is deemed to be 25% at fault for an accident and owed $100,000 in damages, those damages may be reduced by 25% to $75,000.
Damages in a Pedestrian Caused an Accident
Like any other personal injury case, victims are entitled to file a claim for economic and non-economic damages. A victim may be eligible to claim the following losses, including:
- Medical expenses
- Lost pay, benefits, bonuses, or tips
- Physical suffering
- Emotional or mental distress
- Property damage
- And more
How much a claim is worth depends on several factors such as how the accident occurred, who was involved, the extent of the losses, and comparative negligence.