Pedestrians are extremely vulnerable in traffic situations, this is why motorists are expected to yield to them when they are crossing the road. In most pedestrian-motorist accidents, the blame falls on the motorist. However, “contributory negligence” is a doctrine that details that pedestrians may also be held liable for a road accident.
In case an accident does occur, the motorist should provide immediate care to the pedestrian, because not doing so would constitute as negligence on the motorist’s part. If an accident occurs and the driver is found negligent then he might be liable for any damage that comes to the pedestrian. Moreover, the fault also lies with the driver if he disobeys any traffic rules or is distracted or intoxicated while driving.
With all that is said, a pedestrian is also expected to secure his safety, if he isn’t able to do so and an accident occurs then he would become liable under the “contributory negligence” doctrine. A pedestrian may be considered as having contributed to an accident if he walks along the road when it’s dark, is pushing or repairing a vehicle or is crossing or entering a highway. If an accident did not involve any of these aforementioned or similar situations then the pedestrian’s negligence may be reduced.
Motorist and pedestrians should both be familiar with their rights. If you or a loved one has been involved in a pedestrian-vehicle accident, then you may want to consider hiring an attorney. A professional legal consult may help you look at all your available options. In some cases, a legal claim may be possible even against the federal agencies responsible for the highway’s design and construction.
