Monday, January 11, 2021
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Can a Pedestrian Be At Fault in a Car Accident?




Every auto accident is usually thoroughly analysed to establish who was at fault among the parties involved. In most accidents involving pedestrians, the drivers are generally the ones at fault. But as a pedestrian, you can also be at fault depending on the circumstances of the accident. As a pedestrian, you cannot file for injury claims if you are the one at fault. In fact, you are the one who is supposed to compensate the driver for any damages or injuries. To avoid being caught up in a legal battle, it is very crucial to have a clear understanding of whether you may be at fault as the pedestrian or if the driver is liable for the accident.

Using your phone while on the road

Using your phone to either call or text increases your chances of losing concentration. Since you are unlikely to hear the incoming cars, you can easily get involved in an accident. It is advisable to look for an ideal place to use your phone whenever you are near a road. It does not matter how late you are since a simple mistake of using your phone while on the road can easily result in a severe accident. If you are hit by a vehicle while using your phone, you will be held liable for the accident.

Making sudden movements

It is also essential to avoid making sudden movements when near a road. If you run towards the street, the drivers using the road might not have enough brake in time to avoid an accident. It would be best to look at both sides of the road before crossing any road to avoid unnecessary accidents.

Using substances that can impair your judgment

Using anything that might affect your decision-making, such as alcohol, puts you at risk of being involved in a motor accident. You might not be able to get out of the way fast enough if there is an approaching vehicle. Being involved in an accident while under the influence only requires the driver to prove that the pedestrian was under the influence. If the pedestrian is found to have been unable to exercise reasonable care as a result of being under the influence, the pedestrian is the one that is held liable.

Ignoring traffic signs and rules

Every traffic light or sign you come across on the road has a meaning. There are also specific traffic rules that all road users are supposed to follow, including pedestrians. Such rules direct how everyone should use the road, including having designated places for pedestrians to cross the streets. Ignoring the traffic signs and rules puts the pedestrian at fault. It is important you understood that the rules are not only meant for the drivers, but for pedestrians as well. After an accident, contacting a competent lawyer can help you know whether you broke any road rule as a pedestrian during an accident. Therefore, both the drivers and pedestrians need to exercise reasonable care while using the road since anyone can be at fault if an accident happens.




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