Pedestrians are not always the innocent victims of car accidents, even though it may seem that way. Although pedestrians do have the right-of-way in many situations, there are some exceptions. If you were involved in a car accident involving a pedestrian, you may be wondering who is at-fault and what your rights are.
Pedestrians, as well as drivers, are responsible for paying attention while navigating the road. Pedestrians are obligated to follow traffic signals as a way of exercising reasonable care. They are responsible for walking on sidewalks and inside crosswalks.
Pedestrians who ignore crosswalks and traffic signals, or pedestrians who jaywalk, are not protected under right-of-way laws. Pedestrians may also cause a motor vehicle accident by failing to look both ways before crossing, trying to cross a street while under the influence of drugs or alcohol, or dropping something in the street and running back for it.
When a pedestrian is not in a crosswalk, by law they are required to yield the right of way to vehicles. Drivers are obligated to yield the right of way to pedestrians using the crosswalk at an intersection. Failure to do so may lead to accident liability.
To prove that a pedestrian is the one responsible for an accident, it is important to obtain witness testimonies to support your claims. There are times when both the driver and the pedestrian hold partial responsibility for the accident. This is called comparative negligence. When this is the case, the party who is less to blame may still receive compensation for any injuries sustained.
If the driver is clearly at fault, then the pedestrian will more than likely receive compensation from either the driver or the driver’s insurance company for any injuries they sustained. However, if the pedestrian is found to be completely at-fault for the accident, they will not receive compensation. Comparative negligence is used by a handful of states, including New Jersey. If a party is held partially liable for the accident and their percentage of fault exceeds 50 percent, they will not receive any compensation. However, if it is less than 50 percent, their compensation will be reduced by that percentage.
Filing a lawsuit after sustaining injuries due to a car accident can be stressful and confusing, especially when there is a pedestrian involved. Asbury Park car accident lawyers at Fox & Melofchik, L.L.C. can help you file a claim and will work tirelessly to obtain the compensation and piece of mind you deserve for your injuries. For a free consultation, contact us online or call us at 732-493-9400.
Located in Eatontown, New Jersey, we serve clients from the surrounding areas, including Monmouth County, Ocean County, Middlesex County, Mercer County, Asbury Park, Neptune, Long Branch, Keansburg, Ocean Township, Eatontown, Red Bank, Middletown, Colts Neck, Deal, Freehold, Holmdel, Jackson, Little Silver, Marlboro, and Rumson.