When an accident takes place on the road, it’s common to presume that the person behind the wheel is at fault. And while it is true in most cases, it isn’t always the case. Sometimes, a road accident may take place due to a pedestrian.
What Happens When a Pedestrian Causes an Accident?
There can be three likely scenarios when a car accident happens in Colorado due to a pedestrian’s fault:
1. The Pedestrian Accepts the Fault
It’s less likely that the pedestrian accepts the fault on their own. But in rare circumstances, when they do, they can be held liable for the damages the vehicle driver has incurred, including medical expenses, vehicle damage, lost wages, and even pain and suffering.
2. The Pedestrian Doesn’t Accept the Fault
The situation that most commonly emerges after a pedestrian accident is where both parties attempt to hold each other responsible for the crash and are liable for the damages. Proving the driver’s innocence can be difficult in such situations, which is why you should get a pedestrian accident attorney at your earliest. The lawyer will collect the evidence to build a case and prove liability. These may include getting statements from eyewitnesses and/or video footage from surveillance cameras nearby.
In more difficult cases, the attorney might even get help from an accident reconstruction expert to prove the pedestrian’s negligence.
3. Both Accept the Fault
In cases where both the pedestrian and the driver were at fault and shared responsibility (the latter is less likely), they may go for a comparative negligence lawsuit, where the court decides the liability based on the amount/level of negligence each party committed.
When is a Pedestrian at Fault in a Car Crash?
A pedestrian isn’t always considered at fault in a pedestrian-vehicle accident. But a few scenarios where they held the liability include when a pedestrian:
- Not following a traffic signal
- Ran out on the road without looking out for the incoming vehicles
- Was walking in an area reserved for vehicles or where pedestrians aren’t allowed
- Did not cross the road from a designated crosswalk
- Was on the road while under the influence
Even though the pedestrian bears the liability for an accident in these situations, the driver must prove that the pedestrian’s act made it impossible for them to avoid the accident.
Get Help from The Bourassa Law Group Pedestrian Accident Attorneys
If you have been in a vehicle accident in Colorado caused by a pedestrian’s negligence, our pedestrian accident lawyers can help ensure you get compensated for your damages. Proving the driver’s innocence in a vehicle-pedestrian accident is often difficult. However, our experienced attorneys know all the rightful ways to proceed through the claims and settlement process and get you the compensation you’re legally entitled to. Call us at (800)870-8910 for a free consultation.
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