When a pedestrian accident happens, many people assume that the fault was 100% that of the driver or 100% the fault of the pedestrian. In fact, both parties can be at fault – even in the same accident. Read on to learn how pedestrians and drivers can both be found at fault, then contact The Law Offices of Larry H. Parker at 602-340-0030 if you require a free legal consultation with an experienced personal injury attorney in Phoenix.
Examples of Driver Negligence
First, let us look at how drivers can be negligent. If they do not take the necessary precautions, they can cause a pedestrian accident. Here are some common examples:
- Not yielding at an intersection. If a pedestrian has a “walk” signal, then they the right of way and cars should yield to them. Sometimes drivers forget to look and hit them. This is especially common when the driver is turning left and only looking to see if there is oncoming traffic to be careful of.
- Not stopping. Pedestrians should be able to trust that drivers are going to follow the laws and should be able to act accordingly. As a result, if they see a car coming to a red light or stop sign, the pedestrian might start to cross even if the driver has not started slowing down. If the driver doesn’t see the pedestrian, an accident can occur.
- Speeding, intoxication, and other unsafe driving. In some cases, the driver might be driving unsafely altogether, whether they are speeding, driving under the influence of drugs or alcohol, or driving while drowsy.
These are only a few of the reasons but they are the main ways in which drivers can be responsible for pedestrian accidents.
Examples of Pedestrian Negligence
Pedestrians can be just as negligent when on the road. If a pedestrian takes certain actions, the driving might not be able to prevent an accident. Examples include:
- Jaywalking. Pedestrians should cross at marked crosswalks when they cross the street. If there is not such a crosswalk, then they should cross at an intersection and look carefully before doing so. When a walker pops up out of nowhere, it can be difficult or impossible for a driver to stop in time.
- Distracted walking. Pedestrians need to stay aware of what is going on around them. Unfortunately, just like drivers are often distracted by their electronics, so are walkers. A person looking down at their phone is not going to see a car coming.
- Intoxicated walking. It is not illegal to walk while intoxicated but it can be very dangerous. When a person is under the influence of drugs or alcohol, they are more likely to take risks and might not have the depth perception necessary to know when it is safe to cross the street.
Whether you were a pedestrian or a driver when injured in an accident, you should contact a personal injury attorney for a free legal consultation. Call The Law Offices of Larry H. Parker at 602-340-0030 now to get started.