Pedestrian accidents can be devastating, leading to serious injuries and even death. But when it comes to who is liable for the accident, things can quickly become complicated. If you’ve been involved in a pedestrian accident, it’s important to understand your rights and who may be responsible for the subsequent damages.
In this blog post, we will discuss some of the most common scenarios involving pedestrian accidents and outline how liability is determined in each case. From understanding negligence laws to filing an insurance claim, we’ll cover everything you need to know about navigating a pedestrian accident case so that you can seek justice and financial compensation for any injuries or losses sustained because of the incident.
Pedestrian Accident Liability Information
When a Driver is Involved
In most cases, liability for a pedestrian accident will fall on the driver of the vehicle involved. This is because drivers have a duty of care to other motorists, cyclists, and pedestrians on the road. If a motorist fails to obey traffic laws or otherwise acts in a negligent manner that causes harm to another person, they can be held liable for any resulting injuries and related damages and you can seek compensation from their insurance carrier. In some states, there may even be criminal penalties for negligence if it leads to an accident resulting in death or serious injury.
For example, if a driver runs a red light and hits someone in the crosswalk, then they may be deemed legally responsible for the pedestrian’s injuries. A driver must also exercise caution and be aware of their surroundings when it comes to pedestrians. If a driver is not paying attention, fails to yield the right of way, or otherwise ignores a pedestrian’s presence then they could potentially be liable for an accident.
When a Driver is Not Involved
In some cases, a pedestrian may be injured due to the negligence of a property owner or tenant. For instance, if someone slips and falls on an icy parking lot that was not salted outside of a store, then the store’s owner or tenant could potentially be liable for any resulting injuries.
Determining Liability in Pedestrian Accident Cases
When it comes to understanding who is liable in a pedestrian accident case, it all boils down to determining negligence. To do this, you must identify who had a duty of reasonable care to the pedestrian and whether or not that duty of care was breached (either through negligent action or by failing to take reasonable action). If negligence can be proven on the part of a driver, property owner, or another party then they may be held liable for any resulting damages and their insurance carrier would have to pay any judgment or settlement with the at-fault party.
It’s important to note that in many pedestrian accident cases, more than one party may be deemed negligent and thus liable for the injury (for example if a property owner and property manager both failed to take reasonable action). In these instances, it’s typically up to insurance companies or the courts to decide how much each party is responsible for in terms of damages.
With understanding who is liable in a pedestrian accident case can help you determine whether you have a viable claim against an at-fault party. If you have suffered injuries due to someone else’s negligence, speaking with an experienced personal injury attorney can offer additional insight into your legal rights and the options available to you. This could potentially help you seek justice and financial compensation for any losses or injuries that you have suffered due to a pedestrian accident. You should speak with an attorney as soon as possible after your injury.
Were you or someone you love injured in a pedestrian motor vehicle accident in Indiana or while vacationing elsewhere in the nation? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a FREE initial personal injury case evaluation with a trusted and skilled pedestrian accident lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office.