Partial Fault? How Comparative Negligence Impacts Pedestrian Accident Claims

Each year, thousands of pedestrians are injured in traffic accidents, leading to significant physical, emotional, and financial hardships. In 2022, 7,522 pedestrians were killed in traffic crashes, the highest number in 40 years. While drivers have a responsibility to exercise reasonable care, pedestrians also have a duty to follow traffic laws and take precautions for their safety. But what happens when a pedestrian is partially at fault for an accident? The answer lies in the legal principle of comparative negligence, which can significantly impact a pedestrian’s ability to recover compensation.

Understanding Comparative Negligence

Comparative negligence is a legal doctrine that allocates fault among all parties involved in an accident. Instead of assigning blame solely to one party, comparative negligence allows a judge, jury, or insurance adjuster to assign percentages of fault to each party involved. This means that in a pedestrian accident, the injured pedestrian may still recover damages even if they are partially at fault for the incident. However, the amount of compensation they receive will be reduced by their percentage of fault.

For example, imagine a pedestrian is hit by a car while crossing the street outside of a designated crosswalk. The driver may be found 80% at fault for speeding and failing to yield, while the pedestrian may be found 20% at fault for crossing outside of a marked crosswalk. If the pedestrian’s total damages amount to $100,000, their compensation would be reduced by 20%, resulting in a final award of $80,000.

Types of Comparative Negligence

It’s important to note that not all states follow the same comparative negligence rules. There are primarily two types of comparative negligence:

Pure Comparative Negligence: In states that follow pure comparative negligence, an injured party can recover damages even if they are 99% at fault for the accident. However, their recovery will be reduced by their percentage of fault.
Modified Comparative Negligence: Most states follow a modified comparative negligence system, which has a threshold for recovery. In these states, an injured party can only recover damages if they are less than 50% or 51% at fault. If they are found to be equally or more at fault than the other party, they cannot recover any compensation.

How Partial Fault Can Arise in Pedestrian Accidents

Contrary to the popular adage that “pedestrians always have the right of way,” a pedestrian can share fault for an accident. Some common scenarios where a pedestrian may be considered partially at fault include:

Jaywalking: Crossing the street outside of a designated crosswalk or against a traffic signal.
Failure to Obey Traffic Signals: Disregarding pedestrian signals or crossing the street when the “Don’t Walk” sign is illuminated.
Distraction: Walking while distracted by a cell phone or other electronic device.
Intoxication: Being under the influence of alcohol or drugs while walking.
Sudden Entry into Roadway: Stepping into the street unexpectedly without looking for oncoming traffic.
Walking Along Prohibited Areas: Walking on highways or areas where pedestrian traffic is prohibited.

Impact on Compensation

The principle of comparative negligence directly affects the compensation an injured pedestrian can receive. Once fault is determined, the compensation is calculated by taking the total amount of damages and reducing it by the pedestrian’s percentage of fault.

Depending on the state’s specific laws, the pedestrian’s compensation may be reduced significantly or even eliminated altogether if their fault exceeds the legal threshold. This underscores the importance of accurately determining fault in pedestrian accident cases.

Evidence Used to Determine Fault

Determining fault in a pedestrian accident case involves examining the actions of both the driver and the pedestrian. Several factors come into play, and courts rely on various types of evidence to make a determination. Some common types of evidence used in court include:

Police Reports: Officers responding to an accident scene will often create a formal report of the accident that documents critical details, including witness statements, descriptions of the scene, and violations of traffic laws.
Witness Statements: Eyewitness accounts can provide valuable information about how the accident occurred and who was at fault.
Traffic Camera Footage: Video footage from traffic cameras or surveillance cameras can provide definitive proof of the events leading up to the accident.
Medical Records: Medical records establish the extent of injuries and help determine whether the pedestrian’s condition resulted directly from the accident.
Phone Records: In some cases, courts may consider phone records to see if either party was distracted at the time of the incident.
Accident Reconstruction Experts: Experts in accident reconstruction can analyze the available evidence and provide opinions on how the accident occurred and who was at fault.

The Role of a Pedestrian Accident Lawyer

Navigating a pedestrian accident claim where partial fault is a factor can be complex and challenging. Insurance companies may attempt to minimize your claim or deny coverage altogether if they believe you were partially responsible for the accident. An experienced pedestrian accident lawyer can protect your rights and help you pursue the compensation you deserve.

A skilled attorney can:

Conduct a thorough investigation of the accident to gather evidence and determine fault.
Negotiate with insurance companies to reach a fair settlement.
Build a strong case to present in court if necessary.
Challenge unfair fault assessments and fight for your right to compensation.
Provide guidance and support throughout the legal process.

Advice

If you have been injured in a pedestrian accident, it is crucial to seek legal counsel as soon as possible. An attorney can evaluate your case, explain your rights, and help you navigate the complexities of comparative negligence laws. Even if you believe you were partially at fault for the accident, you may still be entitled to compensation. Don’t let uncertainty prevent you from seeking the help you need.

Conclusion

Comparative negligence plays a significant role in pedestrian accident claims. Understanding how this legal principle works and how it can impact your case is essential for protecting your rights and maximizing your recovery. If you have been injured in a pedestrian accident, contact a qualified attorney to discuss your options and pursue the compensation you deserve.