While drivers are considered at fault in the vast majority of vehicle-pedestrian accidents, there are some circumstances in which the pedestrian may be the liable party.
Here are a few examples of some common scenarios in which the pedestrian will bear at least partial, if not total, fault for the accident and any resulting injuries:
- Jaywalking: Pedestrians are required to cross in crosswalks only, and to obey any present pedestrian signals. Crossing in the middle of the street and/or outside a crosswalk is considered jaywalking, and will make the pedestrian at least partially responsible for an accident.
- Ignoring signals: If the pedestrian has a red “do not walk” signal but they cross anyway, they will bear at least partial liability for any resulting collision.
- Intoxication: Entering a street while intoxicated will result in a pedestrian being considered liable for any resulting accident that occurs.
- Prohibited areas: There are certain areas where pedestrians are always prohibited from entering. This could include highways, freeways and certain bridges. Any pedestrian who enters a prohibited area and causes an accident will be at least partially liable for that accident.
Even in circumstances where the accident was caused by the pedestrian, a driver may share in the liability if he or she could reasonably have avoided the pedestrian. So even if a pedestrian is jaywalking, for example, a driver cannot escape liability if there was sufficient time to avoid the pedestrian, or slow down. Drivers are still responsible for watching for any hazards in the roadway and remaining attentive at all times.
For more information about liability in pedestrian accidents, contact a trusted Bradenton, FL accident lawyer at Goldman, Babboni, Fernandez & Walsh.