An accident concerning a car and pedestrian can be devastating to everyone involved. When such an incident occurs, it is understandable that neither party wants to take responsibility.
Some determinations of liability are relatively straightforward. For example, the driver’s blood alcohol content could have exceeded the legal limit. Another scenario could involve a pedestrian illegally crossing against a traffic light.
Given the circumstances and contributing factors, other cases are not as easy to figure out. The following guidelines can help define who is liable in a car-pedestrian accident.
When a pedestrian is negligent
When pedestrians are out walking in public areas and near roadways, they are obligated to regard their own safety as a reasonable person would. To do otherwise would be considered negligent. A pedestrian is likely neglectful if they:
- Do not cross at designated crosswalks
- Cross against a traffic light or when a don’t-walk signal is activated
- Walk into traffic
If a pedestrian engages in any of these actions and is hit, they may be deemed negligent. If that is the case, the driver of the car may be able to prove that they were not at fault.
When a driver is negligent
It should go without saying that drivers of motor vehicles must always exercise reasonable caution while driving. Furthermore, they must show consideration to pedestrians to preserve their safety. There are many ways drivers act neglectfully and violate this obligation:
- Exceeding the speed limit or driving at speeds too dangerous for an area
- Disobeying traffic signs or signals
- Texting or talking on the phone or doing other things that cause distractions
- Failing to give right-of-way to pedestrians
- Driving under the influence of alcohol or drugs
If a driver hits a pedestrian due to any of these actions, the injured party may be able to prove that the driver was negligent.
When both parties are negligent
For most car-pedestrian cases that go to court, both parties are usually partly at fault. In Ohio, the law of comparative negligence allows a party a certain amount of compensation, even if they are partially liable. However, if an injured person is more than 50 percent negligent, they are not entitled to any financial recovery.
It is essential to get legal representation if you have been injured in a car-pedestrian accident or any type of car wreck. For a free initial consultation, contact one of the experienced Cincinnati auto accident attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. They will work hard to understand your case and help you get a fair settlement. They will also help you determine if you are at fault for your accident and, if so, by how much.