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Can a Pedestrian Be Held Responsible for an Accident?
Admin • Apr 14, 2020
Can A Pedestrian Be Held Responsible For An Accident? — Hillsville, VA — Tolbert & Tolbert, LLP

In most cases, pedestrians have the right-of-way, but in some situations, the pedestrian's actions can be partially responsible or totally responsible for the accident. If you would like to learn more about when pedestrians may be held accountable for causing an accident, keep reading.



When Is the Pedestrian Responsible for the Accident?

Whether you're driving or walking, you need to follow applicable laws. Naturally, because vehicles can cause severe and fatal accidents, they have more responsibilities and rules to follow. However, even a pedestrian must pay attention to what's going on around them, and one of the biggest mistakes pedestrians make is jaywalking.



Normally, a pedestrian should only cross at a designated crosswalk or intersection (anything else is considered jaywalking). Since drivers know this, they tend to pay more attention to pedestrians at crosswalks or intersections. Therefore, if someone suddenly darts into the middle of the road, the risk of an accident increases because the driver isn't expecting anyone to cross the street.



In some cases, the pedestrian may not be paying attention or be fully aware of their surroundings. This can happen for several reasons, but it commonly occurs because people are preoccupied with their phone or they are walking around intoxicated. In either case, the pedestrian's actions played a major role in the accident.



Is the Driver Still Partially Responsible?

In most cases, as the driver, you'll still be partially responsible for the accident. Even if the pedestrian walked into the middle of the road while staring at their phone, the driver has a responsibility to be a defensive driver. As a defensive driver, you have a better chance of swerving or stopping to avoid that pedestrian who suddenly enters the road.



Naturally, you may not be able to avoid the pedestrian in every instance, but a lot of drivers lose this argument because the insurance carrier will say they were driving too fast, not paying attention themselves, etc. In other words, the insurance carrier will argue you were not being a perfect and defensive driver, so you are partially to blame for the accident.



In fact, the insurance carrier can use many arguments to say you weren't paying full attention to your driving. These include: talking to someone, looking at GPS, adjusting the radio, dealing with children/pets, eating or drinking, and zoning out.



Who Will Receive a Settlement?

You and/or the pedestrian will only receive a settlement if one of you is fully responsible for the accident. This is because Virginia follows the contributory negligence rule, which states that if anyone is partially responsible for the accident, they get no settlement.



In most other states, you only lose your settlement if you are more than 50 percent responsible for the accident. As long as you are less than 50 percent responsible, you still qualify for a reduced settlement. Therefore, if you are found 10 percent responsible, your settlement is reduced by 10 percent.



In Virginia, however, even if you are only 10 percent responsible, you get no settlement. For this reason, you need to have a skilled attorney who can help prove that you were doing everything right during the accident.



No one wants to be involved in an accident, but if you have been the victim of a car accident, you may be owed restitution to make you whole again. Since Virginia follows contributory negligence, however, your best chance to win is with a skilled accident and personal injury attorney. If you would like to know more about accident claims, or if you are ready for a consultation, contact us at Tolbert and Tolbert, LLP, today.

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Streets are often very busy. You typically have to contend with other cars, trucks, bicycles, and pedestrians as you navigate to your destination. Everyone using the roads, including pedestrians, needs to adhere to a set of laws. Yet sometimes accidents still occur. If you're involved in an accident in which your car strikes a pedestrian, take the following steps.   Stop and See to the Pedestrian's Safety Fight-or-flight instinct often kicks in after an accident, and some drivers are motivated to flee the scene. However, the criminal charges of a hit-and-run accident are far more severe. So if you're involved in an accident with a pedestrian, your paramount duty is to stop. Make sure you're not obstructing traffic and that your hazard lights are engaged.   Once your car is safely stopped, attend to the pedestrian. The act of moving a person who has been struck by a car is tricky. If they're ambulatory on their own, you can guide them to a safe space. If they're prone, though, you shouldn't encourage them to move because moving can make any injuries worse.   You do want to stay with the pedestrian until help arrives. If the injured person can't move from the road, then you'll need to somehow minimize the risk of further injury. Assess the current traffic at the time of the accident to make the call of what to do to minimize that risk.   Call for Help Your next step should be to call for medical help, both for yourself and the pedestrian. Often, the extent of injuries is not clear, so call for an ambulance even if both of you seem fine. Likewise, you should call the police — a 911 call should be sufficient.   If you're a medical professional yourself, you might be inclined to help the pedestrian. Virginia law protects people who make a good faith effort to treat an injured person. Generally speaking, as long as you're acting in good faith, you should be exempt from liability regardless of the outcome. That said, you want to evaluate your own state after an accident before offering medical help.   Document the Accident Scene Any time you're in a car accident, you should document the scene. You'll need this information for your insurance and for any potential legal issues that arise from the accident. You can start by noting the time, date, and location of the accident. You can also note the weather conditions. Likewise, make some notes about your version of the accident while it's fresh in your memory.   Get the name and contact information of everyone involved. This contact information should come not only from the pedestrian but also from any potential witnesses. Also get the name and badge numbers of the officers who report to the scene. You'll later want a copy of the accident report as well.   Finally, don't be afraid to take photographs of the scene of the accident. These photos should document property damage. Don't take photos of the pedestrian unless you have permission. Likewise, don't exchange information about the accident itself with the pedestrian or witnesses beyond contact information.   Contact Your Insurance and an Attorney Whenever you're in a car accident, you need to contact your insurance company. The details you've collected from the accident will be very useful. You need to take this step even if your car didn't incur any damage because the pedestrian will likely file a claim.   Your next step should be to contact a traffic attorney. If you're found to be at fault, then the pedestrian might be able to recover compensation for injuries. However, in some cases, the pedestrian is at fault. Jaywalking, crossing against the traffic signal, and walking in prohibited areas are examples of that situation. An attorney can help you navigate these instances of liability.   Always be aware when you're on the road. In the unfortunate event, though, that you're involved in an accident with a pedestrian, take the above steps to protect yourself. If you need legal help, call Tolbert & Tolbert, LLP .
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