Can a Pedestrian Be at Fault in an Accident?
When we think about pedestrians being injured in traffic accidents, we generally assume that the motorist is at fault. While this is often true, it’s not always the case. Every traffic accident is fact-specific, and every pedestrian case is determined by the facts involved. If a motorist leaves you injured in a traffic accident, you need the professional legal counsel of an experienced Nashville personal injury attorney on your side.
Pedestrians Have Safety Responsibilities
When you take off on foot, there are Tennessee laws in place to help protect your safety and to help prevent traffic accidents from occurring. These pedestrian rules include:
- When a sidewalk is available, pedestrians must use it.
- In crosswalks with signals, pedestrians must obey the signals.
- When crossing the street outside a crosswalk, pedestrians must yield the right-of-way to oncoming traffic.
- It is illegal for pedestrians to walk along a public roadway when impaired by alcohol or drugs.
Both drivers and pedestrians are required by state law to exercise a reasonable level of care. When pedestrians fail to uphold their responsibilities, their negligence can be factored into the determination of fault in pedestrian accidents.
Motorists’ Safety Responsibilities
Motorists also have important safety responsibilities that go beyond pedestrians’. Motorists must take into account that pedestrians are especially vulnerable to injury in traffic collisions. Additionally, drivers must be especially careful when children or potentially confused or incapacitated pedestrians are in their midst. Motorists’ specific responsibilities include:
- Adhering to the rules of the road, including the speed limit and yielding the right-of-way
- Eschewing distractions and focusing their attention solely on driving safely
- Remaining alert to pedestrians and actively avoiding colliding with pedestrians
Pedestrians and Motorists Can Share Fault
Motorists and pedestrians can share the responsibility for pedestrian accidents. If, for example, a pedestrian crosses a street illegally and the motorist’s distraction keeps him or her from reacting quickly enough, both may share fault in the case. As such, the State of Tennessee uses the law of comparative negligence to apportion fault. This means that the pedestrian’s compensation in the case will be reduced in direct relation to his or her percentage of fault in the matter. If the pedestrian is determined to be 30 percent responsible, for example, his or her compensation will be reduced by 30 percent. If the pedestrian in question is determined to be at least 50 percent responsible, however, he or she will no longer be eligible to recover on the damages incurred.
If a Motorist Leaves You Injured in a Traffic Accident, an Experienced Nashville Personal Injury Attorney Can Help
When you head out on foot, there is nothing to protect you from the immense impact of a traffic accident. If a driver leaves you injured in such an accident, the dedicated personal injury lawyers at Bednarz Law in Nashville are committed to advocating for your rights and for your rightful compensation. Our compassionate legal team is here to help, so please don’t hesitate to contact or call us for more information today.