Pedestrian Accident Liability – Who is at Fault?

Each year, over 100,000 pedestrians are injured in car accidents across the nation. Surprisingly, almost half of these accidents take place in the hours ranging from 2PM-4PM; not coincidentally, right after school. With an increased number of students, teachers, and even employees crossing the streets during high-traffic, it is inevitable and tragic, that a car accident would occur with a pedestrian.

Determining Liability

However, the biggest question immediately following a pedestrian car accident is – who is at fault? If a police report is recorded after an accident, the assigned officer will conduct an investigation which will articulate the party at fault. In many high-profile cases that may have led to pedestrian fatalities, the drivers are held responsible for the death of an innocent pedestrian. Yet, more often than not, the driver and the pedestrian can both be negligent and both put at fault.

Negligence on Both Sides

For example, a pedestrian may have been crossing the street illegally (J-walking) when the driver of the vehicle had been speeding past the stated limit in a given area, resulting in a pedestrian accident. This situation would find both parties negligent, depending on the circumstances and the state the accident took place in. Car accident attorney Emery Ledger, however, advises that regardless of the situation, that an attorney be contacted immediately. If you are a pedestrian that was hit in an accident and found at fault, or partially at fault, some states may not allow you to recover any damages from the insurance companies. For this very reason, it is very important to seek legal counsel to help you recover the compensation you deserve.

Law of Negligence

In essence, the way to determine liability is weighted by the law of negligence. The law of negligence helps to conclude the level of care and caution each party took right before the accident. In some cases, if the driver or pedestrian holds no-fault coverage under their insurance policies, may allow a full and total coverage of all medical expenses and lost wages regardless of who may have been at fault for the accident. However, for pedestrians, recovery under the driver’s vehicle liability insurance policy may vary on a case-by-case basis.

High Medical Costs

In the midst of an accident, it is important not to forget to immediately seek medical attention if needed. The injuries sustained from a car accident may not always be immediately apparent, but the consequences can be serious and long-term. Pedestrians may suffer severe injuries such as traumatic brain injuries, paralysis to isolated areas of their body, and permanent disfiguration. The hospital and future medical bills can be extremely expensive and you should not be forced to pay for these out of pocket when you may have not been responsible for the accident in the first place. For this reason, it is always best to contact a lawyer as soon as possible, who can help you recover monetary compensation for your injuries, pain, and suffering.

If you are a pedestrian who has been involved in a car accident, please contact nationally recognized car accident attorney Emery Ledger at The Law Offices Ledger & Associates. Mr. Ledger will provide a detailed evaluaiton of your legal matter and important information regarding your specific claim please call (800) 300-0001 or visit the website at

From the Author: The Ledger Law Firm

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