When pedestrian accidents occur, the driver of the vehicle involved is almost always held liable for the damages. Although pedestrians should be careful to watch for cars, walk only in designated pedestrian areas, and proceed with caution, it is ultimately the responsibility of the drivers of large, fast, dangerous cars to watch out for pedestrians.
However, there are exceptions. It is possible, in rare cases, for a pedestrian to be held accountable for their own injuries if they were behaving especially recklessly. In other cases, a third party may have contributed to the accident and could be liable for the victim’s expenses.
- The city/the designer of the road or crosswalk: The area where a pedestrian was walking, or the road, where the car was driving, could have been designed defectively and put both parties in danger.
- Vehicle manufacturer: The driver could have hit a pedestrian because a defect in their vehicle caused them to lose control.
- An alcohol vendor: In the state of California, alcohol vendors can only be held liable for DUI incidents if the driver they provided alcohol to was under the age of 21. This also applies to parents, friends, party hosts, and others who give alcohol to people who are under the legal drinking age.
How is Liability Determined?
In order for a third party to be held accountable for a pedestrian accident, there must be solid evidence that their negligence contributed to the victim’s injuries. This can be obtained by evaluating the design and construction of the roadway, examining mechanical issues in the vehicle, and looking at evidence from past cases in the area or involving the potentially liable party. As experienced attorneys, we can analyze the facts of your case to ensure all responsible individuals and organizations are held accountable for their negligence.
How Will My Medical Bills & Other Damages Be Paid?
If you or a loved one were injured in a pedestrian accident, it’s possible that the resulting expenses will be covered by an insurance plan, either one belonging to you or that of the at-fault driver. In cases of third-party liability, however, additional sources of compensation may be available. Depending on who is deemed responsible for the damages, another insurance policy may cover the costs, or compensation could be obtained through a lawsuit. At Tedford & Associates, our legal team can advise you on the best ways to proceed.
Send us a message or call (626) 325-0142 to schedule a free consultation and discuss the details of your case.