Assigning Fault in a Pedestrian Car Accident
There are generally three parties who may be at responsible for a pedestrian car accident: the driver of the automobile, the pedestrian, and municipality.
Defining Fault in a Pedestrian Car Accident
In most states, it’s incumbent upon drivers to be alert to their surroundings and pay attention to roadway hazards. Pedestrians qualify as hazards. If a pedestrian is struck in a crosswalk, it’s a slam dunk. The driver is responsible. Drivers may also be accountable if they were speeding, ran a red light, and so forth.
If a pedestrian attempts to cross a street outside of a crosswalk and gets hit, the situation can be murky. On the one hand, jaywalking is still illegal in most states; a pedestrian does not have the legal right to enter the street and expect cars to stop for them. On the other hand, if a walker is not in a crosswalk but is paying attention to the road and does not dart into traffic, they might still be in the clear. Some pedestrian-auto collisions might be the fault of a municipality. Malfunctioning traffic lights, a stop sign concealed by tree branches, or a poorly conceived crosswalk (e.g., a crosswalk placed just beyond a curve), among other possibilities, can create safety hazards.
What a Victim Should Do First
The first place pedestrians should turn to for payment of their medical bills is their health insurance. The medical insurance company, in turn, will seek reimbursement from responsible parties. Pedestrians without health insurance may receive compensation from the at-fault driver’s auto insurance or their auto insurance policy. If you’ve been the victim of a negligent driver or municipality, contact a personal injury attorney to protect your rights.
About Corradino & Papa
Corradino & Papa, LLC is located in Clifton, NJ and serves clients in and around Newark, Irvington, Harrison, East Orange, Orange, Belleville, Hillside, Maplewood, South Orange, Kearny, West Orange, Elizabeth, Glen Ridge, Bloomfield, North Arlington, Vauxhall, Union, Montclair, Millburn, Lyndhurst, Nutley, Paterson, Little Falls, Woodland Park, Passaic, Bergen County, Essex County, Hudson County and Union County.