Typically a pedestrian has the right of way, but that does not mean the driver bears the liability every a time a pedestrian is injured on the roads. Traffic and negligence rules are taken into consideration when determining who is at fault in an accident involving a pedestrian. Furthermore, everyone is also expected to take reasonable safety measures when using the road. These cases can often be more complex than most people realize and if you are hit by a car as a pedestrian, there is no guarantee you will get appropriately compensated for your injuries.
The results of collision with a pedestrian are usually serious, and can even be fatal. Proving negligence on the part of the driver can sometimes be a challenge for even the best car accident lawyers. You should contact an attorney as soon as possible if you or a loved one was hit by a car as a pedestrian.
Pedestrian and driver fault
Primarily, negligence laws are used to decide which party was at fault. If it is proved that the pedestrian was using the road carelessly, they could shoulder all the blame. Sometimes acts of carelessness such as running in front of a speeding car, jaywalking, walking on the road instead of using the sidewalk, intentionally obstructing the driver, and walking on the road while intoxicated can be used as a defense for the driver. Acts of negligence on the driver’s side include speeding, not stopping at a stop sign, driving under the influence and distracted driving. You need an attorney to prove who was at fault in the accident, and it isn’t always easy to prove.
What to do immediately after getting involved in a car-pedestrian accident
After seeking medical attention, contact an attorney. The police will likely question you about your involvement in the accident. Remember what you say at this point can be used against you in future. It is therefore essential to contact a lawyer as swiftly as possible to advise you on what information should be shared. You can exchange contact information with the other party or their family and friends as a sign of good will. However, you should avoid talking to the other party’s attorney and insurance agents.
Where to find competent personal injury and auto accident lawyers
David S. Kohm & Associates is where you should turn to whenever you need legal services. Our personal injury and McKinney car accident lawyers will respond to your call with dedication and aggressiveness. Call our law offices today at any of our convenient locations and get a free consultation.
Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
Plano (972) 354-4602
Denton (940) 222-4060
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
You can also contact us online by using our quick contact form.
