When a Pedestrian Is at Fault for a Pedestrian vs. Car Accident

Published on Jan 28, 2021 at 3:35 pm in Pedestrian Accident.

Woman texting and walking and holding travel mug

Ideally, cars and pedestrians should be able to safely share the road so that both parties can get where they need to go. Unfortunately, that’s not always the case. Although you might think that the driver is always considered to be completely at fault for an accident with a pedestrian, sometimes the walker can be at fault as well if they acted negligently.

If you’ve been hurt in an accident that was someone else’s fault, then you deserve justice. An attorney from Pittman Roberts & Welsh, PLLC will investigate what happened and prove that the other party was at fault for your injuries and damages. You shouldn’t have to deal with this alone, which is why we’re here for you.

Pedestrian Right of Way in Mississippi

Pedestrian accidents most commonly happen at intersections, which makes sense—intersections are where cars and walkers are most likely to interact and cause problems. In Mississippi, pedestrians have the right-of-way when they are entering an intersection in a marked or unmarked crosswalk.

If there aren’t any traffic control signals to guide the pedestrians, they still have the right-of-way when they’re in a marked or unmarked crosswalk. The driver is expected to proceed slowly through the intersection, watch for pedestrians, and stop when a walker enters a crosswalk. However, they don’t have the right-of-way all of the time.

If the pedestrian is not in a crosswalk and enters the street where they aren’t legally supposed to, then the driver would likely not be at fault for the subsequent collision. Pedestrians don’t have impunity—if they are not in a crosswalk, then they shouldn’t be crossing the road. In that case, they would be at fault for an accident that happened between them and a car. The car could still be considered partially negligent if they were speeding or distracted, but the walker would likely be considered more at fault.

Determining Liability in a Pedestrian Accident

For the most part, drivers are usually the ones found liable for an accident with a pedestrian because they should have been more aware of their surroundings. When pedestrians are present on a road, drivers are expected to proceed with more caution than usual. However, drivers are not always the only party responsible for an accident with a pedestrian—walkers can be negligent as well.

As mentioned above, pedestrians must be in a crosswalk in order to legally and safely cross the road. If not, they could be liable for the accident. In a pedestrian accident claim where you were injured and you’re trying to hold the other party accountable for your damages, your attorney will look into proving negligence in the accident.

For example, if the person crossing the street was jaywalking or intoxicated, then the driver did not owe them the same duty of care as they would a sober person in a crosswalk. Normally, your lawyer would be trying to prove the driver owed a pedestrian a duty of care, but if the walker was in the wrong, then they would work to prove that the duty of care did not apply.

Pittman Roberts & Welsh, PLLC Can Help You

Accidents between cars and pedestrians can be more complicated than they seem. With the help of a pedestrian accident lawyer from Pittman Roberts & Welsh, PLLC on your side, you can rest assured that we will fight for your rights and make the legal process as simple as possible for you.

We have experience with these cases and know that it’s about more than helping you financially recover—it’s about giving you the means to physically and emotionally recover as well. Contact our office today so we can discuss your options and how we can help you get the justice you deserve.

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