Many people have heard the statement that “pedestrians always have the right-of-way.” This is not exactly true when it comes to accident liability. Motorists have a duty to look out for pedestrians and avoid accidents whenever possible. Pedestrians also have a duty to obey traffic signals, cross only at designated areas or intersections and use reasonable care. Pedestrians who fail to do so may be found liable for a car accident.

Whether or not a pedestrian will be held liable will usually turn on whether or not the pedestrian was using reasonable care and whether the motorist could have avoided the accident. If a pedestrian is in the middle of the road but the driver could have avoided the accident by stopping on time if they had been watching the road, the pedestrian will likely not be found at fault. If the pedestrian darted out into the road and was wearing dark clothing at night while the driver did everything they could to avoid the accident like swerving and braking, the pedestrian will likely be found at fault.

Pedestrians are required to use crosswalks whenever they are crossing the street if they are available. They may also cross at intersections while obeying traffic signals indicating when it is safe to cross. When pedestrians try to cross the road outside an intersection or a crosswalk, they risk causing a preventable accident. Drivers should always make sure to look and see if there is anyone waiting to cross the street near crosswalks and intersections. If a pedestrian was in a crosswalk when an accident occurred, then a defense stating they walked out into the road before the motorist was able to stop is unlikely to work.

If a pedestrian is found at fault for an accident, they may be held responsible for the medical bills of all parties involved and other damages related to the accident. If the pedestrian is found partially at fault for the accident, the pedestrian may be able to sue the driver of the vehicle that hit them but have his or her award of damages reduced by the percentage the pedestrian is found at fault.

Our pedestrian accident lawyers deal with these cases all the time where liability is not immediately clear. Our pedestrian accident attorneys may be able to assist injured car accident victims prove liability by interviewing witnesses and examining reports, photographs and other evidence from the scene. To speak to the best personal injury lawyer Los Angeles, contact Gutierrez Law for more information.