How Is Liability Determined in a Pedestrian Accident?

In a pedestrian accident, liability is assessed just as it is in any other kind of accident: who had a duty of care and violated that duty, and did that violation either cause or substantially impact the accident? A Lawrenceville, GA pedestrian accident lawyer can help you understand more about the specifics of your case.

How Is Liability Determined in a Pedestrian Accident?

In all situations, everyone has a duty of care to act in a way that a responsible person would to protect themselves and others. The precise nature of the duty of care depends on the situation. For example, all drivers have a duty of care to obey traffic laws and adjust their driving as necessary for the road and weather conditions. But pedestrians also have responsibilities, specifically to obey the laws as they relate to pedestrian traffic.

How a Pedestrian Can Be at Fault

A pedestrian can be held at fault if they were violating road rules. If a pedestrian was crossing the street against the crossing signal or outside of the designated crosswalks, they can be held completely liable in some cases and at least partially liable in many others. It all depends on the particular circumstances.

For example, if a pedestrian is crossing the street in an area that’s not very busy and in broad daylight, and if the driver who hits them was speeding or talking on their cell phone instead of paying attention, the pedestrian might be held only a very little at fault, even if they were crossing outside a crosswalk.

But if a pedestrian wearing dark clothes crosses a dark street at night against the light or without using the crosswalk, they will likely be held primarily or even totally at fault, especially if they allowed the driver very little time to react, such as if they darted out suddenly from behind a parked car.

Proving Liability

In all accidents, liability has to be proven. Whether you are a pedestrian who’s been hit or a driver who has hit a pedestrian, Georgia’s comparative fault rules will apply. This means anyone who is 50% or more responsible for an accident cannot recover any damages. Anyone less than 50% responsible can recover damages, but their damages will be reduced by the same percentage as their fault. This makes it important to determine precisely what happened and how much fault each party bears. This is proven with photographs from the scene, video from dash cams or traffic cameras, witness statements, and more.

Talk with a Pedestrian Accident Lawyer in Lawrenceville, GA Right Away

The most important thing you can do is talk with an attorney quickly. An attorney will be able to do a thorough investigation and subpoena evidence that might otherwise be quickly lost, such as video from the security camera of a nearby business. Your attorney will fight for your rights and for a fair allocation of fault. For help with your accident case, contact Spaulding Injury Law right away. We serve clients in Lawrenceville, the greater Atlanta area, and all of Georgia.

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