Can a Pedestrian Ever Be Held Liable in a Pedestrian Accident Case? | Mandelbaum Barrett PC
When an accident involves a pedestrian, it’s easy to assume the driver or other party caused the crash and resulting injuries. However, that’s not always the case. A pedestrian may be responsible for an accident if they fail to follow traffic signals, jaywalk, dart into traffic or neglect their duty to care for the safety of those around them.
When Is a Pedestrian Liable for an Accident?
Like drivers, motorcyclists, and other motorists, pedestrians are legally obligated to act responsibly and take action to protect their safety and the safety of those around them. If they breach this duty, they may be liable for an accident. Some ways pedestrians breach their duty of care include the following:
- Jaywalking
- Ignoring a crosswalk signal
- Walking in the street when a sidewalk is available
- Darting into traffic without giving oncoming vehicles time to stop
- Walking with traffic instead of against traffic
- Crossing a street diagonally
- Jogging in high-traffic areas
- Walking at night with no reflective clothing
- Walking while distracted
These actions can be considered careless or reckless, especially when sharing the roadway with other vehicles. However, in some cases, multiple parties, including the pedestrian, share responsibility for a pedestrian accident. In these cases, New Jersey uses a modified comparative negligence rule.
With this system, each party involved receives a percentage of fault, which gets deducted from their respective compensation. For example, if you are 25% responsible for a pedestrian accident, your damages will be reduced by 25%. Those over 50% at fault can’t recover any damages.
How to Prove a Pedestrian Was Responsible for Your Injuries
Because pedestrians are more vulnerable to serious injuries, proving they were liable for an accident can be challenging. Our seasoned lawyers understand the unique complexities of these cases and conduct a thorough investigation to prove the pedestrian breached their duty of care and directly caused your injuries. We build a strong case with the following evidence to support your claim:
Photos and Videos
Most intersections have security cameras monitoring traffic. This footage, along with your own photos and videos of the scene, can provide vital information, such as road conditions, signage, the sequence of events, and the resulting damages.
Police Report
When an accident results in injuries, you should call the police. When officers arrive at the scene, they will create a report detailing what happened. This official account may indicate liability and confirm your story, making it an essential piece of evidence,
Witness and Expert Testimony
Unbiased testimony from eyewitnesses to the accident and experts, such as accident reconstructionists, can help establish liability and clarify details if you and the pedestrian have differing stories.
