Determining fault in a pedestrian-car accident can be complex and depends on the specific circumstances of the incident. However, pedestrians can be at fault for a car accident if they:
- Jaywalk: Crossing outside of designated crosswalks or against traffic signals can make a pedestrian at fault if they are struck by a vehicle.
- Cross Against Signal: Crossing when the pedestrian signal indicates not to walk can contribute to fault.
- Enter Roadway Unsafely: Stepping into the roadway without giving vehicles enough time to stop or entering the road unexpectedly can lead to fault.
- Darting into Traffic: Suddenly entering traffic without giving drivers adequate time to react can result in fault.
- Intoxication: Being under the influence of alcohol or drugs can impair judgment and reaction time, contributing to fault.
What Happens if a Pedestrian Caused an Accident?
If a pedestrian is found to be at fault for causing an accident, they may be liable for damages, including:
- Medical Expenses: The pedestrian may be responsible for their medical bills resulting from the accident.
- Property Damage: If the pedestrian damaged the vehicle or other property, they may be liable for repairs or replacement costs.
- Legal Consequences: Depending on the severity of the accident and local laws, the pedestrian may face legal consequences, such as fines or even criminal charges.
- Insurance Implications: The pedestrian’s insurance (if they have any) may be used to cover some of the damages, but it could lead to higher premiums or even policy cancellation.
How Long Does it Take to Settle a Pedestrian Accident?
The time it takes to settle a pedestrian accident can vary based on several factors, including:
- Extent of Injuries: If the pedestrian suffered serious injuries, the case may take longer to settle due to the need for extensive medical treatment and evaluation.
- Liability Disputes: If there is a dispute over who is at fault for the accident, the case may take longer to resolve as investigations and legal proceedings are conducted.
- Insurance Coverage: The availability and limits of insurance coverage can impact the settlement timeline. Negotiations may take longer if the available coverage is insufficient to cover the damages.
- Legal Proceedings: If the case goes to court, the settlement process can be prolonged as the legal process unfolds.
- Cooperation of Parties: The willingness of both parties to cooperate and negotiate can affect the speed of settlement. If either party is uncooperative, the process may be delayed.
Helpful Tips for Dealing with Pedestrian Accidents
- Seek Medical Attention: Even if you feel okay, it’s important to see a doctor after an accident to ensure there are no hidden injuries.
- Document the Scene: Take photos of the accident scene, including any injuries and damage to vehicles or property.
- Get Witness Information: Obtain contact information from any witnesses to the accident. Their statements may be valuable for your case.
- Report the Accident: Report the accident to the police and your insurance company as soon as possible.
- Consult an Attorney: If you’re unsure about your rights or need assistance with your case, consider consulting a pedestrian accident attorney. They can help protect your rights and navigate the legal process on your behalf.
Need Legal Help?
If you’ve been involved in a pedestrian accident and need legal assistance, contact Shaumyan & Derbarseghian, LLP today. Our experienced pedestrian accident attorneys can help you understand your rights and pursue the compensation you deserve. Contact us now for a free consultation.
Please note: This blog article is for informational purposes only and does not constitute legal advice.
