Determining fault in an accident takes a lot of evidence, statements from both parties, and a police report. Insurance companies may come into the mix, to further complicate things. And many assume, wrongly, that pedestrians aren’t negligent when it comes to any pedestrian accident involving a motorized vehicle.
Accidents may not always be so simple, such as when a pedestrian jaywalks in the middle of a busy intersection.
Determining Fault
The phrase “pedestrians have the right of way” isn’t always accurate. This doesn’t give pedestrians the right to be ignorant. They share equal responsibility for helping to ensure that roads are safe. In the scenario where a pedestrian is crossing traffic against safety signals or is walking in restricted areas, they can be deemed negligent. As a result of this, they can also be held responsible for an accident.
There are a few things to consider, of course, when determining who’s at fault:
- Was the motorcyclist speeding? What he/she violating any traffic laws?
- Did something distract the pedestrian? Did he/she violate the laws of the road (not using crosswalks)?
If you’re part of an accident involving a pedestrian and a motorcyclist, you need to ensure you get all of the information and fact at the scene. Contact an experienced and trusts personal injury lawyer about your case.
