Who is at fault in a pedestrian accident?

West Virginia Pedestrian Accident Attorney

Pedestrian accidents involve some of the most serious injuries. The National Highway Traffic Safety Association (NHTSA) estimates that close to five thousand pedestrians are killed by motor vehicles each year. In addition to these fatalities, NHTSA estimates that more than 75,000 pedestrians are injured by motor vehicles each year. Pedestrians lack the weight and protections of being in a vehicle and the consequences of a pedestrian being hit by a car can all too easily be devastating. If you have been involved in a pedestrian accident, let the trusted West Virginia personal injury attorneys at Hewitt & Salvatore help you through this difficult time by providing you with rigorous legal counsel. We work to help ensure your full and fair monetary recovery for your injuries.

Who Is at Fault in A Pedestrian Accident?

No matter what the accident type may be, determining who is at fault, and, therefore, who is liable for paying damages, is an essential element to establish. There is a common misconception that a car that hit a pedestrian will automatically be found to be at fault. It is also a common misconception that pedestrians can never found to be at fault for causing an accident. Determining the at-fault party is a fact specific inquiry and will change depending on the unique circumstances surrounding each accident.

While it is rare to be able to successfully bring legal action against a pedestrian for causing an accident, it is possible. It is also very possible that a pedestrian will be found to be partially at fault for causing an accident. A pedestrian may have been:

  • Impaired by alcohol or drugs;
  • Distracted;
  • Careless; or
  • Failed to pay attention to traffic and surroundings.

Any of the above could be a reason for finding a pedestrian at fault or partially at fault for causing an accident that led to injuries.

There can be more than one party at-fault in an accident. Additionally, the at-fault party does not necessarily need to be the car or vehicle that actually struck the pedestrian. If another car or vehicle acted in a way that directly caused another vehicle to hit the pedestrian, they could be held liable for the pedestrian accident.

Common causes of pedestrian accidents include:

  • Driving under the influence of drugs or alcohol
  • Distracted driving
  • Drivers or pedestrians failing to obey traffic laws
  • Violating a right of way
  • Inclement weather

If you are a pedestrian, take all necessary and available precautions to help ensure your safety. If there are sidewalks available, use them. Pay attention to your surroundings and be aware of traffic patterns.

Pursuing Your Right to Full and Fair Compensation for Your Injuries

Pedestrian accident cases present complex legal issues. Determining who is at fault is just one such issue. If you have been injured as a pedestrian, you have enough on your plate. Work on recovering from your injuries while the experienced personal injury attorneys at Hewitt & Salvatore fight for your legal right to monetary compensation for your injuries.