Can a pedestrian be at fault in an auto accident?

| Jun 17, 2021 | Motor Vehicle Accidents |

When it comes to pedestrians and traffic rules, there is a common saying that “pedestrians have the right-of-way.” While this is true as far as sidewalks and crosswalks go, there are situations where pedestrians do not have a free pass regarding the rules of the road. On the contrary, there are incidents when a pedestrian can be liable for the accident.

So when can a pedestrian be at fault for an auto accident?

Just as motorists are obliged to keep other road users safe, pedestrians too have a duty of care toward motorists and other road users. When a pedestrian fails to live up to this duty and their negligence results in an accident, the pedestrian may be deemed to be at fault. The pedestrian may be liable even if they have sustained more severe injuries than the motorist.

How to prove pedestrian liability during an accident

Proving the pedestrian’s fault during an auto accident can be a huge challenge. To prove pedestrian liability, the driver must prove that the pedestrian was actually responsible for the accident. Some of the evidence the motorist may produce to prove their case include:

  1. Still photos and video footage of the accident

Most crosswalk areas often fitted with surveillance cameras. These can be referred to when establishing exactly what happened and who was at fault. Photos and videos taken at the scene of the accident can also be used as evidence in court.

  1. Statements from eyewitnesses

An eyewitness can be valuable in an auto accident case as they may provide a verbal or a written account of what they saw. It is important that you get contact information from the eyewitness so they can be called upon to testify in court.

  1. Expert account

Proving pedestrian recklessness or negligence following an accident can be difficult. This is where accident reconstruction experts come in to help shed light on what might have happened.

Liability is not always clear in an auto accident. With so much at stake, establishing liability is critical, especially in a tort liability state like Louisiana. An experienced car accident attorney can guide you on the steps you need to take to prove the pedestrian’s liability and ensure that you get the compensation you deserve for your damages.