What to Do When a Pedestrian Is at Fault in an Accident?

Closeup of the shoe from a pedestrian that is a victim of automobile hit and run on a roadside with the victim laying in the background

In many pedestrian accident cases, the driver is often found at fault. Drivers often do not pay attention to the areas with heavy pedestrian traffic and make the condition worse. Still, in a few cases pedestrians could be at fault for getting involved in an accident with car vehicle. An accident lawyer will help you to deal with the case.

Pedestrian Accident

The rate of pedestrian accidents is showing no signs of getting down. The roads are becoming dangerous for the pedestrians. But drivers are always not at fault. One of the primary reasons of accidents is pedestrians crossing the roads where or when it is restricted. Many of the accidents take place when it is dark outside, and the drivers could not see the pedestrian. Moreover, the pedestrians could be distracted by mobile phone, music or other things and do not pay attention to the road or the condition of the road while walking.

Impairment from drugs or alcohols is also another major reason of accidents and drivers are always responsible for any accident that takes place. Under influence of alcohol, pedestrians may come in front of a car and stumble in the roadway.

Ways to Reduce Pedestrian Accidents

  • More streetlights in heavy pedestrian areas

  • More cross walk signs

  • Median fencing to prevent jaywalking

Pedestrians should also follow the road laws alongside drivers. This is the first reasonable step to prevent an accident. If one person fails to perform his duty, he may put another person at a risk.

Rearview mirror with a man hit by a car - car accident concept

Partial Fault

In many accidents, pedestrians and drivers are both at fault partially. In such cases also, there are chances to claim compensation for damage. If the driver is the victim and is proven to be at fault less than the pedestrian, he can claim compensation.

A pedestrian accident is known as the Oklahoma modified comparative negligence standard as per the Oklahoma Insurance Department. In this conduct, roles of both the pedestrian and driver are taken into consideration.

The percentage of fault is also taken into consideration. The possibility of the pedestrian is reduced by 50% to get compensation for injuries, damage or other loss when he is at fault.

Pedestrian in Crosswalk and Jaywalking

The most significant way to determine if the pedestrian was at fault is to check whether he was in a crosswalk or jaywalking. Typically, a pedestrian would get 50% less compensation when at fault. Contact an accident lawyer in Oklahoma City at Foshee and Yaffee when you as a driver are not at fault but a pedestrian is.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.

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