In most cases, pedestrians receive the right of way. However, when a pedestrian or driver fails to abide by road rules, both parties may have a share of fault under comparative negligence laws. To give clients a better understanding of these laws as they pertain to drivers and pedestrians, this article explains both sides’ responsibilities.
Pedestrians’ and Drivers’ Rights and Responsibilities
Pedestrians have the right of way in crosswalks unless the signal is red or yellow.
Drivers must give way to pedestrians in crosswalks when traffic signals aren’t working, or when the pedestrian is close to a vehicle in a crosswalk.
Pedestrians can’t step into the crosswalk in a way that gives a driver no time to stop or yield.
In most pedestrian accidents, the fault is clear, but things can become complicated when parties share the blame. An auto accident attorney can help a client limit his or her share of fault in a pedestrian accident.
Two Wrongs Don’t Make a Right
If both the pedestrian and the driver don’t follow road rules, both can be blamed for an accident. Comparative negligence cases include those occurring when pedestrians jaywalk and an inattentive, texting driver hits them. Under comparative fault laws, the party found to be more than 50% to blame may lose his or her right to a damage award. If a driver or pedestrian shares a smaller portion of the blame, his or her damage award is reduced accordingly.
Investigations Determine Fault
It is important for a client and an attorney not to rely on preliminary findings after a Car Accident in Denton TX. Police officers may make mistakes in reporting, and in such cases, a driver or pedestrian should call an attorney as soon as possible. An independent investigator can offer an accurate representation that helps a client obtain a fair settlement.
In a pedestrian Car Accident in Denton TX, things can get complex when the pedestrian and the driver are both at fault. A case’s unique circumstances will determine liability for the accident, and they may affect the amount of monetary damages a client can recover. Visit Davidskohmattorney.com for more information on pedestrian accidents, or call to schedule a consultation.