Calvin Smith Law - The Injury Lawyers

Pedestrian Accident: Is Partial Fault Possible?

pedestrian accident

When two drivers are involved in a motor vehicle accident, it’s rare that either driver will be considered 100% at fault. If you look at anybody’s driving skills, you’ll be able to find something to criticize. This is why it’s common in car accident cases for the plaintiff to be found partially at fault. The question is whether this can also happen in a pedestrian accident. When a car or SUV runs over a person on foot, one would think it was quite clear who was at fault. After all, a person is no match for a passenger vehicle. However, our Atlanta accident lawyers have handled cases where the pedestrian is found partially at fault. These cases are few and far between. However, when our client is found partially at fault, we still fight to get them damages.

Here, we will discuss the most common causes of pedestrian accidents. We will also explain why it’s very difficult for someone to find a pedestrian to be at fault in this type of case. Finally, we will discuss what would happen if a pedestrian was found to be partially at fault for their injuries.

If you happen to have been injured in a pedestrian accident, it’s a good idea to contact our office right away. We can set you up to meet with a Georgia injury attorney so they can review your case and give you an idea of what your options are. We offer all new clients a free, initial consultation so you don’t have to worry about it costing you anything to meet with us for the first time.

Pedestrian Accident are More Common Than You May Think

Despite what you may think, pedestrian accidents are rather common. With so many people on the road, it can be difficult for a pedestrian to cross a busy road. It’s even harder when you’re dealing with a four-lane highway. Even though most cities, including Atlanta, have crosswalks, that doesn’t mean that everybody uses them. There are many intersections where there is no crosswalk. There are also a lot of drivers who don’t stop for people who are walking in a crosswalk. Even though this is against the law, very rarely are people pulled over for this kind of thing.

In our experience, there are certain reasons why pedestrians would be injured by a car or SUV. Some of these include the following:

  • the pedestrian was not walking in a crosswalk and was struck by an oncoming vehicle
  • it was night and the driver simply did not see the pedestrian
  • the pedestrian walked too slowly and did not make it before the light turned green
  • the pedestrian was walking against a “don’t walk” sign at an intersection
  • the pedestrian was intoxicated at the time they crossed the street

In any of these situations, it makes sense that the person driving would have had the last clear chance to avoid the accident. This is why it’s so rare that a pedestrian would ever be found partially at fault. But it does happen. In fact, our Georgia injury attorney can vouch for that.

It is Very Rare for a Pedestrian to Cause Any Sort of Accident

Our Atlanta accident lawyers have decades of combined experience. In our experience, it is very rare that a pedestrian is found at fault in a pedestrian accident. At times, defendants like to claim that the pedestrian darted out of nowhere and they couldn’t stop in time. This is something that one could see a child doing. But it’s very rare that your average adult would dart out into oncoming traffic. Unless they were high or intoxicated at the time, it just doesn’t make any sense.

This doesn’t mean that a pedestrian cannot be found partially at fault for their injuries. If this were to happen, the pedestrian’s damages will be reduced by their percentage of fault. Primarily, the other driver would still be responsible for the majority of your injuries. And this means they would still be liable for your damages.

What Would Happen if the Pedestrian Was Somehow Found to be Partially at Fault?

If a pedestrian was found to be partially at fault, they would still be able to sue the driver that hit them. This is because Georgia follows something called the comparative fault rule. Under this rule, a plaintiff can still sue a defendant for damages as long as they were less than 50% at fault.

For example, if you were injured while crossing the street, you probably suffered serious injuries. Your Atlanta accident lawyer may have sued the other party for $500,000. If the judge found you to be 20% at fault, your damages will be reduced by 20%- or $100,000.

As you can see, you would still be allowed to sue and collect damages. As long as your Georgia injury attorney can prove negligence on the part of the driver, you will be entitled to compensation. Just as with any other motor vehicle accident case, your attorney does have to prove negligence and they would also have to prove your damages.

Your Atlanta Accident Lawyer Will Fight to Get You Damages

If you were the victim in a pedestrian accident, there’s a good chance that you’re in no physical condition to deal with the aftermath. It’s hard enough to deal with the insurance companies when you’re in good medical shape. If you’re in the hospital in traction or you are at home recovering from your pedestrian accident injuries, it would be nearly impossible. This is why we suggest you contact one of our Atlanta accident lawyers as soon as possible after your accident. What your attorney will do is help you file your initial claim against the driver’s insurance policy.

If they refuse to pay your claim, or the defendant’s policy doesn’t cover all your damages, you will need to file suit. Ideally, your Georgia injury attorney will be able to settle the case so that you don’t have to worry about going to court. Just understand that if you do go to trial, there is a chance that the defendant could argue that you were partially at fault. The good news is that even if the judge finds in their favor, you will still collect the majority of your damages. We suggest you contact our office so you can schedule your free, initial consultation. We don’t demand payment upfront so it gives you a chance to have a season of turn and review your case and let you know what it may be worth period

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