How to Determine Fault in a Pedestrian Accident

How to Determine Fault in a Pedestrian Accident Grand Rapids, MI

If you or a loved one were involved in a pedestrian accident, your first call should be to one of our accident lawyers. You can count on our legal expertise to build a strong case. Our goal is to help people just like you get the compensation they need to recover from personal injury.

While the word “pedestrian” usually refers to someone walking, a “pedestrian accident” can refer to anyone on a bike, scooter, rollerblades, skateboards, at a crosswalk, in a parking lot, and also hit and runs.

Continue reading to learn how to determine fault in a pedestrian accident. For more information, schedule a consultation with one of our accident attorneys.

Distracted Drivers

Distracted driving caused 3,142 deaths in 2019 and 400,000 injuries in 2018, according to the National Highway Traffic Safety Administration (NHTSA). Distracted driving refers to texting, talking on the phone, eating, playing with the radio, or any other activity that takes your attention away from the road. It is the driver’s responsibility to exercise reasonable care, which includes getting rid of distractions and following traffic laws.

A lot of people think, “oh that won’t happen to me” or “I’m a good distracted driver. I do this all the time.” However, according to the NHTSA, every day about 8 people in the United States are killed in crashes that are reported to involve a distracted driver. Surely, those eight people every day don’t think it’ll happen to them either.

Driver Negligence

A driver may be found guilty of negligence if they disobeyed traffic laws or were not driving appropriately for the conditions. For example, a driver may be found guilty of negligence for not slowing down on an icy road.

A driver may be found guilty of negligence for:

  • Distracted driving
  • Driving under the influence
  • Speeding
  • Failing to signal when turning or changing lanes
  • Not driving in a way that’s safe for the traffic or weather conditions
  • Not following traffic signals or signs
  • Not yielding to pedestrians at crosswalks

Pedestrian Negligence

While pedestrians always have the right of way, it’s important to follow traffic laws and be aware of your surroundings.

A pedestrian may be found guilty of negligence for:

  • Ignoring the “don’t walk” signal at an intersection
  • Jaywalking
  • Walking into oncoming traffic
  • Walking in the street when a sidewalk is available
  • Not using crosswalks

What to Do After a Pedestrian Accident

If you are involved in a pedestrian accident, call 911 and remain at the scene until police arrive. If there are any witnesses to the accident, you’ll want to write down their contact information. These witnesses may be called upon later to prove who was at fault for the accident. For example, a witness may say you were struck in the crosswalk by a driver running a red light.

After a pedestrian accident, you’ll want to collect as much information as possible to prove fault. A strong case is built on photographs of the scene, the police report, and medical records proving personal injury. Our accident lawyers can help you gather evidence so you can get the compensation you need.

If you were not at fault for a pedestrian and auto accident, call one of our personal injury attorneys as soon as possible to file a claim. Compensation for personal injury can cover medical bills, lost wages, lost earning capacity, and emotional trauma. Our personal injury lawyers will fight aggressively for your rights so you can receive the compensation you need to recover.

Schedule a Consultation

Our personal injury attorneys will help you build a strong case for personal injury following an auto accident. To schedule your consultation with one of our Grand Rapids accident lawyers, call Beurkens Law at (616) 459-5344.

Related Blog Posts

5 Common Causes of Pedestrian Accidents

What You Should Know About Pedestrian Laws

This blog post has been updated.

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