How Do You Determine If a Pedestrian is At Fault in a Car Accident?

Determining fault in an accident can be a complex and difficult process, and Maguire Law Firm has the experience and expertise to help you fully understand the legal implications of your case. Knowing who is at fault in an accident concerns consideration of negligence, as well as a variety of contributing factors. Read on to learn more, and reach out to an attorney for advice.

Look to the Causation of the Accident and the Duties That Were Present

The determination of fault within the context of an accident requires an assessment of negligence. Negligence is comprised of duty, breach, damages, and causation. Under the South Carolina Uniform Contribution Among Tortfeasors Act, it is clarified that the negligence or wrongful acts of multiple parties can be responsible for a single accident. It is necessary to consider the facts of the situation to determine whether there was duty and breach. For a pedestrian to be at fault, they need to have some duty to the driver and have breached that duty.

Consider the Behavior of the Pedestrian From a Statutory Standpoint

If you are walking down the sidewalk, you would be safe to presume that you have no duty to prevent yourself from being struck by a motor vehicle. You are traveling in a place designated for pedestrians, following that rule, and engaging in no negligent or reckless behavior. Determining whether a pedestrian did have some proactive duty not to be hit by a motor vehicle will depend upon the reasonableness of their actions and whether they were breaking any statutes. As reported by the National Highway and Traffic Safety Administration (NHTSA), in 2019 alone, some 6,205 pedestrians died as a result of accidents. This figure equates to one pedestrian being killed every 85 minutes throughout the entire year.

Was the pedestrian violating any statutes? Were they jaywalking? Were they publicly intoxicated and off-balance, leading to a fall into the road? Did they fail to follow a crossing signal?

Contact a South Carolina Car Accident Attorney Today!

Whether or not a pedestrian is liable within a given accident will depend upon a variety of variables, namely, if the pedestrian was following the law at the time of the accident. A car attorney who understands liability and the statutes that apply to pedestrians can support the success of your case. Schedule a meeting today.


Can a driver run red lights if there is no one around?

Drivers, like pedestrians, must follow the rules of the road, even if it seems like there is no one around to notice.

What if I was crossing the street outside of the crosswalk and was hit?

If there are no crosswalks available, crossing in an open area that is well-lit shows caution on your behalf.

If a car failed and caused me to get hit, is the driver liable?

In a situation where a vehicle failure caused the collision, the manufacturer may also be liable.

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