It’s unfair but true that when a car hits a pedestrian, the driver of the vehicle is often automatically blamed for the incident. This is understandable since people operating 2- to 3-ton machines have a higher responsibility to be aware of what’s happening on the road and take appropriate precautions. However, sometimes the fault for the accident can be laid at the feet of the pedestrian, which may require the help of a motor vehicle accident lawyer in Tucson, AZ. Here’s more information about this issue.
Pedestrians Behaving Badly
Pedestrians also have a duty to use the roads in a responsible manner. If someone behaves in a way that makes it impossible for a cautious and reasonable driver to avoid getting into an accident, then the pedestrian can be held liable for the incident.
For example, a driver is going the speed limit down a residential neighborhood street when suddenly, a skateboarder darts out from between two parked cars in front of the driver. The driver swerves to miss the skateboarder and runs into another vehicle in the process. The pedestrian could be held liable for the driver’s damages because he or she jumped out in front of the car so close that the driver was unable to evade the situation safely.
Failure to Prevent Injury
Another way a pedestrian can be held at least partially liable for an accident is if the person fails to prevent his or her own injury. The law requires people to take the proper precautions to prevent themselves from getting hurt. For instance, a pedestrian starts walking across the street when the crosswalk sign tells him or her to go and is hit by a car. The court may find the pedestrian at least partially liable for the incident because the person failed to look both ways to determine if it was, in fact, safe to cross the street.
In this case, any damage award given to the pedestrian will be reduced by the amount of liability assigned to the person. If the pedestrian is found to be 10 percent liable for the accident, then the damage award is reduced by 10 percent.
For more information about handling a pedestrian/auto accident contact a motor vehicle accident lawyer in Tucson, AZ at PRICE & PRICE Law.