people walking in a cross walk

It’s no secret that many cities are becoming more dependent on cars, making it increasingly difficult for pedestrians to navigate their communities safely. Unfortunately, this contributes to a rise in pedestrian accidents. If you were struck by a vehicle, understanding how liability is determined is critical to fighting for the compensation you deserve as a victim. The following blog explores what you should know about these circumstances and why it is in your best interest to connect with a Wesley Chapel, FL personal injury lawyer if you are the victim of a pedestrian accident.

How Does a Pedestrian Accident Happen?

Pedestrian accidents occur when a vehicle collides with someone walking. Generally, these accidents most commonly occur at intersections and parking lots due to the high number of pedestrians that frequent these locations.

In most instances, the driver can be held liable for these accidents, as in most instances, the pedestrians have the right-of-way, as cars must yield to the pedestrian. Generally, these collisions occur due to driver error, such as speeding, improperly passing other vehicles,

However, just because drivers can be liable doesn’t mean that pedestrians can’t also be at fault. If a pedestrian does not cross the street at a designated crosswalk or steps off the curb into a crosswalk when an approaching vehicle is too close to safely yield, they can be liable for damages.

How Is Liability Determined?

Many people assume that determining liability for a pedestrian accident is simple, as in most circumstances, pedestrians have the right-of-way. While this applies to most situations, it does not account for all, so understanding what factors will be considered during these matters to ensure the right person is held liable is crucial.

Generally, the first thing that the police will do when they arrive on the scene and conduct a preliminary investigation into the accident is take the statement of both parties involved. They can look for inconsistencies in the stories. Additionally, they will speak with witnesses who may have viewed the collision and can recount what they saw.

If possible, you can also use local footage from businesses or homes with security cameras to help prove that you were not liable for the accident. For example, a video camera may have captured you well into the intersection before being struck by a vehicle that never even hit the brakes.

Finally, it’s in your best interest to connect with an experienced attorney as soon as possible. Being struck by a vehicle can have a significant impact on your life, from causing you to incur astronomical medical bills to suffering life-altering, chronic injuries. As such, you are within your rights as a victim to sue the liable party for their negligence. However, proving liability on your own can be incredibly complex. Luckily, the Law Offices of Matthew J. Jowanna can help. We understand how complex these matters can be. Contact us today to learn how we will fight for you during these challenging times.