Car Accidents With Pedestrians

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How Is Fault Determined If I Hit A Pedestrian?

Life is full of uncertainties. No matter how carefully you drive your car, there is always a chance that you might cause a car accident, especially with a pedestrian.

Hitting a pedestrian is a serious matter, as a person walking has no protection, and so has a high possibility of serious injury or death when struck by a car.

Things To Do After A Pedestrian Crash 

If you hit a pedestrian with your car, you can face dire consequences, as the pedestrian may be seriously harmed. 

Car Accidents With PedestrianHowever, you should not panic in this situation, and ideally, you should remain on the scene and not panic. If you do make a mistake and flee the scene, the situation is grave, but not irretrievable.  

Fort Myers Personal Injury Attorneys are very experienced in handling such cases. They assist you in each step of the entire process, which includes protecting your rights, getting the finest legal help, and placing your case in the best position to be eligible for the fullest possible compensation. 

They can help you tackle the situation smoothly and put you in the best position for the negotiations without going through tedious complications.   If you were driving the car and hit a pedestrian, without being at fault, you may discuss all details with a legal professional.

  • Call an Ambulance- Immediately after hitting the pedestrian, it is your moral duty to ensure that the pedestrian you hit has assistance. Call for medical assistance and help the pedestrian in whatever way you can until help arrives. Do not attempt to move the victim, as this risks causing severe back and neck injuries. Your primary focus should minimize the risk of any further injuries or harm. 
  • Call the Police– Once you have called the ambulance, you should contact the police yourself.  You must remain at the scene of the accident until police arrive. If you run away or leave the site before the police arrive, you can be charged for leaving the scene of the accident and failing to render assistance, which could lead to catastrophic consequences for you. 
  • Document the Scene- Being a driver, you should document all the necessary details about the accident as it is significant for claiming insurance after the accident. 

How Is Fault Determined In Such Mishaps?

You can easily be misled into thinking that the fault is obviously that of the driver as the pedestrian is the vulnerable one, but that’s not the case every time. Traditional rules of negligence are applied to determine fault. 

Negligence can be understood as placing blame upon the party who is proved to be behaving irresponsibly and unlawfully. 

Keep these points, always in mind:

  • Inform your Insurance Company- Informing your insurance company is essential, whether you are at fault or not. Your auto insurance policy will contain a term requiring you to do so in order to preserve your rights. Also, your insurance company will interact with the victims and their attorneys on your behalf, if only in an effort to minimize their costs.

  • Contact an attorney- The injuries you got during the accident can cost an excessive amount of money which goes hand in hand with the disruption in work, medical bills, and other burdensome compliances. Before getting indulged in all the legal formalities, you should avoid attempts to tackle the situation on your own by negotiating a settlement and other things. 

Examples Of Negligence By Drivers:

  • Not following posted signs;
  • Not obeying signal lights;
  • Speeding;
  • Drunk driving;
  • Inappropriate driving behavior

Any of these behaviors could lead to an accident with a pedestrian and cause legal problems for the driver. In addition, some of these factors could lead to serious misdemeanor or felony charges and a long sentence in jail.

Examples Of Negligence By Pedestrians:

In most cases, pedestrians can suffer more serious injuries in an accident, but if their behavior was negligent, the severity of the injury does not reduce their share of fault in an accident.

Some of the common mistakes that negligent pedestrians commit include:

  • Crossing against the light, even at a crosswalk;
  • Jaywalking;
  • Walking in an area dangerous for pedestrians;
  • Walking on the road while using a phone or gaming console;
  • Walking in the streets while drunk.

How a car accident case will be analyzed depends on many factors including negligent behavior of the parties, traffic density at the time of the accident and road conditions. The court will examine all of these factors in detail to determine both fault and compensation.

To have your case examined by experienced accident lawyers, schedule a free case evaluation at Berke Law Firm, P.A.