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Liability Challenges in Pedestrian Accidents

Liability Challenges in Pedestrian Accidents

Atlanta Injury Blog > 2020 > December > Liability Challenges in Pedestrian Accidents

When a pedestrian accident occurs, it’s the person without a large vehicle who most often suffers catastrophic injuries. As such, insurance claims and personal injury lawsuits in these types of situations are common to allow the injured party to recover compensation.

Obstacles can and do arise in pedestrian accidents. Most often, there are questions regarding liability and who is responsible. Is it always the driver, or are there some cases in which the pedestrian is liable for the crash? We’ll explain below.

When is a Driver Responsible?

Like in any kind of collision, a driver has a duty of care to ensure others are safe. This same duty applies to pedestrians. If a driver fails to stop at a crosswalk and hits a pedestrian, the driver is responsible. Like most crashes, this can result from intoxication, distractions, and more.

When is a Pedestrian Responsible?

Pedestrians are not immune from responsibility even though they may suffer the worst in terms of damages. Pedestrians have laws they must follow, and breaking that law can make them liable for a collision. A pedestrian is responsible for accidents in which they:

  • Run out in front of traffic
  • Walk where there is no crosswalk
  • Ignore the signals at traffic lights

When is Someone Else Responsible?

Pedestrian accidents may also come into play in other locations, such as on someone else’s property. In these cases, if a property owner creates a dangerous condition that causes a pedestrian accident, it can lead to a premises liability case. If a car crashes into a pedestrian because of a defective product, its manufacturer may be liable.

Our Atlanta car accidents at The Kalka Law Group prioritize your best interests. When you are hurt physically or mentally, you deserve to seek compensation and justice because of someone else’s actions. We’ll be here to help!

Call our firm today at (404) 907-1594.

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