The skilled legal guidance you need. Local attorneys you can trust.

The attorneys of Aldridge & Birdwhistell Law Firm, PSC

Pedestrian accidents: What if the driver tries to blame the pedestrian?

On Behalf of | Jul 19, 2024 | Personal Injury |

Pedestrian accidents are a serious problem in Kentucky. These catastrophic and at times deadly wrecks are on the rise in the state.

Unfortunately, pedestrians who are the victims of hit-and-run accidents may have more to worry about than their injuries. In some cases, the driver may try to argue that the pedestrian was at fault for the accident. This can have serious implications for the pedestrian’s legal rights. The following will discuss how the driver may try to build this argument and what pedestrians can do to protect their interests.

Can a driver argue the pedestrian was at fault for the accident?

Pedestrians have certain responsibilities on the road, and not adhering to these can sometimes lead to questions of liability. However, every situation is unique, and the courts do not automatically assign fault without a thorough examination of the facts. Understanding your rights and the legal standards for conduct as a pedestrian can provide clarity and peace of mind during this stressful time.

There are specific scenarios where a pedestrian may bear some level of responsibility for an accident. This can include the following:

  • Ignoring traffic signals. A driver may try to argue that the pedestrian failed to follow traffic signals. Pedestrians must obey walk signals at intersections. Entering the roadway against a signal can lead to accidents where the pedestrian is at fault.
  • Jaywalking. A driver could also try to establish that the pedestrian was in the wrong area of the road. Crossing the road outside of a crosswalk or intersection increases the risk of an accident and may impact the pedestrian’s liability.
  • Distraction. The driver could also argue that the pedestrian was not paying attention. Even if a pedestrian has the right of way, engaging in distracting activities like texting or wearing earbuds can diminish awareness, potentially leading to shared fault in an accident.

These are just a few of the defense strategies a pedestrian should prepare for when building a case to hold the driver accountable for the accident.

How would this impact a pedestrian’s case?

The concept of negligence plays a central role in determining fault. The court will likely scrutinize both parties’ adherence to the duty of care and the specifics of the accident. For instance, if a pedestrian crosses the street while distracted and is hit by a driver who is speeding, both may share the blame. State-specific laws on shared fault will then dictate the compensation the pedestrian may receive.

Navigating the legal aftermath of a pedestrian accident, especially a hit-and-run, can be complex. It is important for those who find themselves in this situation to partner with an attorney experienced in pedestrian accidents. Experienced legal counsel can help determine fault, navigate state-specific shared fault laws, and ensure that your rights are protected. An attorney’s expertise is invaluable in securing fair compensation, discussing the benefits and risks of settlement offers, and guiding you through the legal process.