Q: A car hit me while I was crossing the road. Who is at fault?
The answer to this is not totally cut and dry. Many factors go in to determining who was at fault in a car crash involving a pedestrian. It is a common misconception that it is always the car's fault when they hit a pedestrian. It can also be the pedestrian's fault.
The main thing to consider is who was being negligent at the time of the accident. Drivers must use reasonable care when driving, and they may be held accountable for an accident if they were driving drunk, distracted by something else, ignoring traffic signals/yield signs, or speeding. Pedestrians must also be careful and not act negligently by running into traffic, purposely avoiding crosswalks, or crossing the street when a "Don't Walk" signal is clearly blinking.
Even pedestrians in crosswalks can be considered at fault in an accident. Some people have the false impression that as long as they are within the confines of a marked crosswalk, cars must stop for them immediately, or be faced with driving negligently. However, you cannot just jump into a crosswalk and walk directly into on coming traffic without stopping to make sure the coast is clear. If you do that and a car hits you, there's a good chance it will be determined that the accident was your fault.
There are times when both the driver and the pedestrian will be considered at fault, but that is up to the court to decide.
If you were injured in a car crash caused by the negligence of another person, contact the car crash attorneys at Girards Law for a free consultation at 888-897-2762