Accidents are always terrifying, but for many, pedestrian-involved accidents are far more intimidating. The laws might not seem as clear to those involved, which can lead to some tricky situations. Your first step in a situation like this is to seek the assistance of a qualified and experienced accident attorney who can help you sort out how big of a claim you have as a driver or pedestrian.
Every Accident Is Different
There is no right answer here. The person to blame for the accident could be either party, but it really just depends on what happened. Simply because somebody is a pedestrian does not mean that they can walk into traffic with no consequences. Exchange insurance information and names, but refrain from discussing the accident with the other party. Save this for the attorney you hire.
Questions to Ask
As a pedestrian, did you enter the crosswalk illegally? Was the light red for you to begin walking?
Was the driver speeding at the time of the accident? Were they distracted by a phone or food?
Accident Impact
In some cases, it is not so much a matter of why the driver hit you, but rather the type of damage and potential injuries. Pedestrians are at much higher risk in a situation like this, even if they are not severely injured. An attorney for the driver in a case like this might suggest that the driver was driving safely but merely turning down the radio when you entered the crosswalk; however, the impact could be devastating for the pedestrian regardless of the reason.
Partial Fault
Finally, keep in mind that these accidents can have two parties at fault. For instance, if you walked into the crosswalk on a red light but the driver was speeding, you may share partial fault. What this matters for the strength of your case could be a separate matter. In some states, the pedestrian can be partially at fault for the accident but still receive financial compensation for injuries.
Talking to your attorney is really your best option. There are so many ways your case could go that you need an expert to look it over and determine what type of fault you may hold and whether or not you will be able to receive compensation regardless of your level of fault. Depending on your state, you may be eligible to recoup damage to property and person.
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