Can a Pedestrian Be at Fault in a Car Accident?
It can be shocking and unsettling to be involved in a car accident, especially when a pedestrian is involved. Many people may assume that pedestrians are automatically protected under the law, but the truth is that people on foot can also be at fault in certain situations.
At Sumner Law Group, LLC, we understand liability issues in car accident cases and are ready to provide you with guidance and support. If you or a loved one has been involved in an accident where a pedestrian may be at fault, do not hesitate to reach out to our St. Louis pedestrian accident lawyers.
When Is a Pedestrian Liable for an Accident?
While pedestrians are typically considered the more vulnerable party in a car accident, there are instances in which they can be responsible for causing a collision under Missouri law. Some examples of potential pedestrian fault in car accidents include:
- Jaywalking
- Disregarding traffic signals
- Suddenly darting into the path of a vehicle
- Walking while impaired by alcohol or drugs
In these cases, the pedestrian’s negligent actions could directly contribute to the accident, making them partially or fully at fault.
How Do Insurance Companies Determine Fault for Pedestrian Accidents?
Insurance companies play an important role in determining pedestrian vs. driver fault. They will conduct a thorough investigation into the circumstances of the accident to determine who they believe was at fault.
When pedestrian negligence contributes to a car accident, insurance companies may apply comparative negligence laws to allocate fault between the driver and the pedestrian. That means both parties may share some level of responsibility for the incident, and the resulting compensation may be adjusted based on each party’s degree of fault.
However, it is important to note that insurance adjusters do not have final say on determining fault for pedestrian accidents. That is ultimately up to the courts, and our experienced personal injury lawyers can fight back if insurers attempt to unfairly shift blame to you.
What Evidence Proves Who Caused a Pedestrian Accident?
Proving liability in pedestrian accident claims requires concrete evidence to support the claim. Evidence that can help determine who caused the accident may include photographs of the scene, medical documentation of injuries sustained, eyewitness testimony, and expert analysis of the accident reconstruction, for example.
Additionally, establishing the timeline of events leading up to the accident, the behavior of both the pedestrian and the driver, and any contributing factors such as road conditions or visibility issues can all play a role in determining fault. It is essential to gather as much evidence as possible to support your claim and protect your rights in the aftermath of a pedestrian accident.
How Our Lawyers Help People Hurt in Car Crashes with Pedestrians
At Sumner Law Group, LLC, our team of experienced lawyers handles complicated pedestrian accident cases in St. Louis. Our lawyers are ready to work tirelessly to investigate the circumstances of the accident, gather compelling evidence to support your claim, and negotiate with insurance companies for fair compensation for your injuries and damages. If necessary, we are prepared to litigate to seek justice and hold the responsible parties accountable for their actions.
Contact a St. Louis Pedestrian Accident Attorney
If you or a loved one has been involved in a pedestrian accident in St. Louis, Sumner Law Group, LLC, wants to help. Contact us to schedule a free consultation to explore how we can tackle your pedestrian accident claim.