Auto Pedestrian Collision, Who is at Fault?

Auto Pedestrian Collision, Who is at Fault?
September 4, 2017 Author
pedestrian collision

It is inaccurate to assume that all pedestrian accidents are the direct result of careless driving. While it is true that a large majority of these accidents are the fault of the driver of the motor vehicle, actual fault must be established. Both drivers and pedestrians must take proper caution and obey all rules of the road.


The Most Common Type Of Pedestrian Accidents


The most common pedestrian accident occurs at an intersection when a vehicle is turning right. People who are walking, riding a bicycle or other form of wheeled transportation, and runners are more likely to have an accident with a car at this junction than any other area of the road. This is due to the right on red laws in most states.

Some drivers do not completely stop before they make a right turn. This failure to stop often results in an accident with a pedestrian who is trying to cross at the same intersection at that exact time. On the other hand, some pedestrians are hit by a vehicle by failing to obey traffic signals at an intersection because they have the false belief that pedestrians always have the right away.


Establishing Fault


Pedestrian related accidents often result in serious injuries. The pedestrian does not have the same physical protections as the people in the vehicle, and they are often thrown on impact. Fault for the accident must be established so that the appropriate party covers these injuries.

The police will provide their opinion on who is at fault as part of their police report. However, some reports do not contain this information or the information is not completely accurate. When this happens, it is important for the injury victim to speak with a Jacksonville personal injury attorney so that they can protect their rights.

Your Jacksonville personal injury attorney will review all the accident information and gather additional evidence if necessary to determine who was at fault for the event. At that point, your attorney will contact the insurance company responsible for covering the event and file a claim on your behalf so that all of your medical costs and other losses are covered.

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