Contrary to popular belief, the driver is not always at fault for auto-pedestrian accidents. There are instances where a pedestrian can cause an accident. The rules of the road apply both to pedestrians and drivers. They have a duty of care for each other, and if one party neglects their responsibility, accidents occur.
If you are involved in such an accident, seeking the help of a pedestrian accident attorney in Atlanta can help protect your rights. Here is everything you need to know to handle such claims effectively.
What to Do After An Accident a Pedestrian Caused?
Auto accidents involving pedestrians can be extremely serious. If struck by a vehicle, a pedestrian can suffer catastrophic injuries, and the driver trying to avoid hitting the pedestrian can crash and get severely injured as well.
After an accident occurs, you should first make sure that everyone involved is safe. Once you ensure you and everyone involved are safe, you can start gathering evidence. Get witness information, take photos of the accident, and see if any surveillance cameras caught the collision.
You should also contact the police immediately after the accident. As a driver, you are more likely to get blamed, so it is important to gather evidence. Also, speak to a pedestrian accident attorney in Atlanta before giving any statement to the police.
How Can a Pedestrian Cause an Accident?
There is a misconception that pedestrians always have the right of way. This is why most people think that a pedestrian cannot be at fault. But there are many instances when a non-driver causes an accident.
- Suddenly leave the curb to walk in the path of a vehicle
- Not following traffic signals to cross the street
- Not using designated crosswalks
- Trying to cross the street when intoxicated
- Dressing in dark or non-reflective clothing in low-light conditions.
- Wearing headphones while walking on the road
Remember, both drivers and pedestrians have a duty of care to upload when on the road. They have to exercise reasonable care to ensure the safety of those around them. This involves obeying the traffic rules and behaving responsibly on the road. A pedestrian who fails to comply with the rules might be the primary cause of the accident.
What Happens if a Pedestrian is at Fault?
If evidence shows that the pedestrian is entirely at fault, they will likely not be able to recover compensation for the injuries they suffered. Also, the driver might sue the pedestrian for injuries and damages to the vehicle.
However, if the driver also bears some fault for the accident, financial recovery will depend on the degree of liability for each party. The party which is less than 50% at fault will receive a portion of their damages.
Contact Our Pedestrian Accident Attorney in Atlanta
Auto-pedestrian accidents can be extremely messy. However, you don’t need to navigate through the legal complications alone. Speak to a pedestrian accident attorney in Atlanta for guidance. They will fight for your rights to get a settlement that appropriately reflects your damages.
At Karma Injury Law, we are committed to protecting the rights of those who are injured and stuck with hefty medical bills. Our team of pedestrian and bicycle accident lawyers in Atlanta have extensive expertise in diverse injury claims.
For a free consultation, please contact us today!
