Anyone involved in a car accident might sustain serious injuries. But, this can especially be the case for pedestrians. Pedestrians don’t have any protection from a seatbelt, airbags, or a car. This leaves them vulnerable to serious injuries if they get involved in a car accident. Here, you can learn about what to do if you were a pedestrian involved in a car accident.
The first thing to understand as a pedestrian involved in an accident are your rights and duties. As a pedestrian, you have certain legal rights. If these rights get violated, you are entitled to compensation. Some of the most common rights that pedestrians have are:
- The right to walk safely on private and public sidewalks. If a car hits you while you are walking on a sidewalk, it is always the driver’s fault.
- The right-of-way in crosswalks. If you get hit by a car while you are properly using a crosswalk, the driver is always at fault.
- The right to walk on public highways and roads. If you follow the rules of the road, you have the right to walk on public highways and roads.
Just as you have certain rights, you also have certain responsibilities. Your duties on the road include:
- Following traffic lights.
- Following wait or do not cross signals.
- Following safety warnings and devices.
- When there is a sidewalk on the side of a road, the pedestrian must use it. When there is no sidewalk, the pedestrian has to walk on the shoulder of the road. They must walk facing oncoming traffic.
- Acting responsibly and carefully when walking, even when they have the right of way.
When A Driver Is At Fault
While in many cases, a driver is blamed for an accident involving a pedestrian, there are some situations where the pedestrian can be at fault. Here are a few common instances where the driver is at fault:
- Failing to yield to a pedestrian.
- Driving under the influence.
- Failure of car equipment, such as brakes.
- Distracted driving.
- Driving over the speed limit.
- Driving on roads that are poorly maintained.
When A Pedestrian Is At Fault
Here are a few common examples of accidents where the pedestrian can be at fault:
- Ignoring a traffic sign or signal.
- Distracted walking (such as texting while walking).
- Failing to walk on a sidewalk.
- Walking outside of a designated crosswalk.
- Walking in a dangerous place.
If you are a pedestrian and you got injured in a car accident, the first thing that you should do is make sure that you are ok. Take down the information of the driver, contact the police to file a report, and then see a doctor. You could have serious injuries from the accident. Some injuries, such as internal bleeding, are difficult to notice at first. So, it is important to go to the doctor’s and make sure that your injuries are treated.
After that, you need to determine who is at fault for the accident. Were you involved in a situation like one of the pedestrian fault accidents described above? If so, you might be partially at fault for the accident. Still, this does not necessarily mean that you can’t get compensation for your injuries. If the driver did something to contribute to the accident, they might be partly at fault. This means that you have the right to get compensation from them.
If the driver is entirely at fault, you need to start gathering evidence to build a case. This evidence can be used later on in court. For more information, please contact my office.