Is A Pedestrian Car Accident Always The Driver's Fault?
Is A Pedestrian Car Accident Always The Driver's Fault?
Dec 23 2018 0

Is A Pedestrian Car Accident Always The Driver’s Fault?

In an accident that involves both a vehicle and a pedestrian, the pedestrian is usually the party that sustains the bulk of the major injuries. The National Highway Traffic Safety Administration says that pedestrians are one of the few categories in the United States that saw an increase in accident fatalities in 2016. For every pedestrian accident that ended in a fatality, there were hundreds more that caused one type of injury or another to the pedestrian. Pedestrians are a broad category of people that includes basically anyone on foot who is on or beside the roadway regardless of the type of activity they are engaged in. The group of teenagers gathered about on a sidewalk talking to each other are considered pedestrians just the same as the mom out for a morning jog with her baby in a stroller. All good drivers know that they have both legal and moral obligation to avoid hitting someone on foot but pedestrians are not just allowed to run amok. They also have legal and moral obligations. It is possible for a person who has been struck by a vehicle to also be found at fault in the car accident.

Is A Pedestrian Car Accident Always The Driver's Fault?

Motorist Responsibilities

All drivers are required to yield the right-of-way to any and all pedestrians who are crossing in a marked crosswalk at an intersection. When a vehicle approaches an intersection where a pedestrian is already crossing, he has the right of way. The driver should wait for the pedestrian to safely cross to the other side of the road. Drivers also must give the right-of-way to anybody at a stop signal with a steady red light, flashing yellow light or flashing red light. The right of way must also be yielded at any stop signs, alleys, driveways, private roads, and building entrances. Drivers absolutely may not approach an intersection or any marked crosswalk area unless there is adequate space and the vehicle approaching the crosswalk will not prevent any pedestrian from crossing. Drivers should be extra careful when attempting to turn, as the pedestrian could easily be standing in a driver’s blind spot.

Main Causes of Auto Vs Pedestrian Accidents

The most frequent causes of severe or fatal car accidents involving pedestrians are distracted driving, speeding, and drunk driving. In some cases, pedestrians also contribute to accidents by ignoring traffic lights, or walking on the wrong side of the road, walking while intoxicated or being distracted by cell phone usage and walking right into oncoming traffic. Pedestrians are obligated to yield the right-of-way to drivers when crossing a road other than at a marked crosswalk at an intersection. Pedestrians who run out into the road, dart in front of moving vehicles, or refuse to yield put themselves at risk by not following the rules of the road. Pedestrians who walk along the road in the direction of moving traffic are far more liable to be caught unaware. Pedestrians who are talking on their cell phone, taking pictures or texting have a much higher chance of being distracted and not being aware of an oncoming vehicle. Drivers turning into intersections, drivers neglecting to yield as expected, and vehicles attempting to backup all contribute to the ever-growing number of pedestrian injuries and fatalities each year.
The attorneys here at McGuire Law Firm  have more than 30 years of experience helping people who have been injured in Oklahoma car accidents get the compensation that they are entitled to under the law. If you or someone that you love has been injured in a pedestrian vs automobile accident, you may be entitled to receive reimbursement for things such as medical bills, lost wages from having to miss work, and pain and suffering. If you would like to receive a free consultation with one of our qualified reputable personal injury attorneys regarding your car accident case, then please give us a call at (405) 513-5658 and speak with someone in our Oklahoma office today.

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Is A Pedestrian Car Accident Always The Driver's Fault?