Saturday, March 30, 2019

Pedestrian Partially at Fault for Auto Accident


The NHTSA reports that almost 6000 pedestrians were killed in car accidents in 2016, meaning roughly one every 1.5 hours. Not to mention the thousands of pedestrians who got injured as a result of a car crash. In Missouri, nearly 10% of fatalities relating to car accidents involve pedestrians.

These accidents are, unfortunately, rather common, and most often the party to blame is the negligent driver whose actions created this mess. However, this is not a golden rule, and in some instances, the pedestrian can be the one responsible for the accident.

Liability in Accidents Involving Pedestrians

The most common instances where a pedestrian causes a car accident is when they violate certain rules, such as crossing the street at a red light. However, in these cases, the driver can also be found guilty of violating a rule.

For instance, if the pedestrian was crossing the street at a red light, and a car hits them, it begs the question: how come the driver didn’t see them in time to slow down? Further investigations can bring to light that said driver was also speeding at the time and did not have sufficient time to act and avoid the pedestrian. Missouri drivers are also held to a higher degree of responsibility than pedestrians, because through their positions they can cause a lot more harm.

Missouri is also a pure comparative fault state, which means both parties can be held responsible for the accident. The pedestrian can be found to be 60% responsible and liable for the accident because they crossed on a red light, which means they can be liable for compensation for only 60% out of total damages.

The driver, on the other hand, can be responsible for 40% of the incident, because they were speeding at the time. So the pedestrian, in turn, would want to recover 40% of total damages from the driver.

What Does the Legal Process Look like?

In Missouri, all drivers are required to carry auto insurance, which also covers accidents involving pedestrians. Any compensation claims will be made through the insurance company.

If, however, the driver wants to seek compensation from the pedestrian, then they may have to attempt to through trial. If the pedestrian also has valid auto insurance but was just not driving at the time, then it’s also possible to get compensated through their insurance company.

What Should You Do if you were involved in a Pedestrian Accident?

If you’ve been in a car accident involving a pedestrian, it’s in your best interest to contact a St. Louis car accident attorney at The Hoffmann Law Firm, L.L.C. as soon as possible. With their help, you can decide on the best course of action to get compensated for your injuries and damages, as well as build a compelling case. 




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