As drivers, we’re drilled into our heads that we should always prioritise the safety of pedestrians by giving them the right-of-way. After all, pedestrians have almost no protection from severe injuries in an accident if the motorist is likely to escape unscathed. The question is whether or not pedestrians can be held liable for accidents if they yield to traffic.
Similarly to other forms of auto accidents, culpability in pedestrian accidents is determined by determining who was at fault for what led to the crash. Even though pedestrians always have the right of way, they may be held liable for accidents and injuries they sustain if they cause them by acting negligently and getting hit by a car. Discuss your legal rights with Atlanta pedestrian accident attorney.
Pedestrians are also obligated to follow the rules of the road.
Those in cars and people on foot both need to follow the laws of the road. If a pedestrian or driver disobeys the rules of the road or acts carelessly, they may be held responsible for an incident.
When crossing the street or driving through a parking garage, pedestrians should always use caution. When a pedestrian causes an accident due to their willful or wanton disregard for the safety of others, including themselves, they may be held primarily or entirely responsible for the costs associated with fixing the harm they caused.
Here are two simple cases of pedestrian accidents with radically differing determinations of fault:
One possible scenario involves a driver who ignores a stop sign and hits someone trying to cross the street. Assuming the pedestrian acted within the scope of their rights by crossing at the marked crosswalk, the motorist would likely bear sole responsibility for the incident.
Accidents involving pedestrians: Negligence and Liability
However, most situations involving pedestrian accidents will not be as simple as the two we looked at. Until the substantial proof is gathered, it can be difficult to determine who is at fault in many circumstances. Nonetheless, the fact that the accident may have been the consequence of carelessness on both the part of the vehicle and the pedestrian makes it likely that both parties should bear some of the responsibility.
The “modified negligence rule” is used to allocate fault in accidents in Georgia and a few other states. If the plaintiff is determined to be 51% or more responsible for the accident, they will be barred from recovering any damages from the defendant under this rule.
