When a car and a pedestrian collide, there is always a question over who was at fault. Most of the time it will be assumed the driver is to blame since they are driving a vehicle. However, there are times when a pedestrian is at fault. Say, for example, when they are jaywalking from between parked cars and there was nowhere for the driver to go.
The question is, how do you prove that the pedestrian was or wasn’t at fault during the collision? We review some of the facts below.
Determining Fault Starts At The Scene Of The Accident
If you have hit a pedestrian, or if you are a pedestrian hit by a car, documenting fault can begin at the scene. Make sure the police are called. In cities like Portland in Oregon, you find the police will be happy to investigate any of the following:
- Fatal or potentially fatal collisions
- Serious physical injury collisions
- Hit and runs
- Collisions with hazardous materials.
Make sure they are called and an official record made. They will not investigate after the incident so it’s important to have them arrive at the scene.
Next, get to the hospital if you have been injured. Have the hospital make a record too. If you can, return to the scene of the incident and ask around for witnesses, or take photographs of the street markings and signs. This is the same for the driver of the vehicle who wants to prove they weren’t at fault.
If you are incapacitated, hiring a pedestrian accident lawyer is the best way forward. They can document your incident and recovery to help keep an accurate record of events. Be sure to hire a firm for whom pedestrian accidents are a specialty.
Examining The Circumstances Of A Pedestrian Accident
When you are involved in a pedestrian accident, the lawyers and insurance companies will look at the circumstances and the evidence. Some of the circumstances that commonly cause pedestrian accidents include:
- Drivers failing to slow down for crosswalks
- Pedestrian accidents at intersections caused by turning vehicles
- Disregarding traffic signals
- Failing to yield right of way
- Drivers losing control of the car
If one of these incidents happens to you as a pedestrian using the street, and you have followed all safety precautions that you can, then you should be able to prove that your pedestrian accident was not your fault.
The more information you can gather, the easier this will be to prove. Speak to witnesses and get their numbers, take photographs of the scene and the road itself. If there is any damage to street furniture or other vehicles make a note of it.
What If I Have A Pedestrian Accident Lawsuit?
If you have enough evidence for a case, you should be able to recuperate the damages to your person. These damages might include pain and suffering, medical expenses, loss of earnings, and so on. Consult with a lawyer if you want to proceed.