How Are Pedestrians Responsible for Road Accidents?

Drivers Aren't Always the Guilty Party in an Accident 

Were you recently involved in a car accident that caused injuries to a pedestrian? Most of the time, it seems that the driver is the one who will ultimately be held liable for the accident. But is this always true?

No two accidents are ever exactly alike. There may be circumstances caused by the pedestrian which led unavoidably to the accident that you were involved in. If this is the case, you deserve to have your side of the story heard. Your best bet is to contact the expert firm of pedestrian accident lawyers in Los Angeles.

The truth of the matter is that there are certain situations in which pedestrians can cause accidents. They may not even be aware that their actions are directly responsible for the accidents that ensue. This lack of awareness is not always sufficient to excuse their essential complicity in the accident that does occur.

Pedestrians Aren't Always the Innocent Party

For example, a driver may have to brake hard or swerve out of the way to avoid someone crossing the street who is so engrossed in texting or making a cell phone call that they simply aren't paying attention to oncoming traffic.

There are also plenty of pedestrians who simply disobey traffic signals in an effort to get across the street faster. The danger here is that they may simply appear out of the blind side of the vehicle, too late for the driver to swerve to avoid hitting them.

Sometimes a pedestrian may be so far intoxicated by the effects of drugs or alcohol that their judgment and reaction times are seriously impaired. They may simply wander out into the street, heedless of the danger they are causing to themselves and others.

When Can Pedestrians Be Responsible for a Road Accident?

There will always be certain circumstances in which it is the fault of the pedestrian for the road accident that may ensue. Some of the most common of these will include the following:

A Driver Brakes Hard to Avoid Hitting Another Vehicle
A driver may be forced to suddenly brake hard to avoid another driver crashing into them from behind. This is the kind of sudden movement that could cause a whiplash injury.

This sudden braking will normally be followed by insults or angry gestures or stares from the pedestrian they had nearly hit. It may also be followed with negative attention from bystanders, drivers of vehicles, and nearby police.

A Driver Swerves to Avoid a Pedestrian and Hits Something Else
Another common situation where the pedestrian may really be the one responsible for the accident can occur when a driver is forced to swerve to avoid hitting them. As a result, they may collide with another car or other objects.

That driver might end up sideswiping another vehicle, damaging a stop sign, or other structures such as a mailbox or other objects on the sidewalk. An attorney would find them liable for property damages.

A Driver Ends Up Hitting the Pedestrian
The worst of all scenarios occurs when the driver is left with no way to avoid hitting the pedestrian. Victims have every legal right to pursue compensation for the physical and emotional toll that follows. While the driver might be experiencing heightened emotional trauma as well, they are still required to provide financial restitution if the court rules him or her guilty.

You Don't Have to Be the One Held Responsible for the Accident
The bottom line here is that the driver is not always going to be the one held responsible for the accident. It’s possible for a Los Angeles pedestrian and car accident lawyer to demonstrate that the pedestrian shared a higher percentage of fault in the accident. Under California’s comparative negligence ruling both parties would owe each other compensation in court based on how they contributed to the incident.

Contact the Personal Injury Lawyer in Los Angeles Drivers Rely On

If you are a driver who feels that a pedestrian, rather than you, was the real cause of the accident, get in touch with us today. We are a firm of experts in dealing with pedestrian accident lawyers who can help you prove you were in the right. We will back you up through every step of the process until you win your case.

We understand you may have feelings of guilt and remorse over the accident. This doesn't mean that you should incur the full financial weight of being held liable for an accident you were not at fault for. Contact our Los Angeles pedestrian accident attorneys.