The Hoffmann Law Firm, L.L.C. Articles Pedestrian At Fault Car Accident - Saint Louis, MO

Pedestrian At Fault Car Accident - Saint Louis, MO

By The Hoffmann Law Firm, L.L.C.  Nov. 29, 2018 11:22a

When two cars are in an accident in Missouri, it may not be difficult to discern who is at fault. Since Missouri is a comparative negligence state, it might be the case that one, or both parties, are found negligent and are at fault for an accident. Finding out who is at fault, and to what degree, is the way that financial responsibility is determined.

When there is a pedestrian hit by a car, it is usually the driver who is found at fault. As a driver, you have a higher duty to take special care when pedestrians are present. So, if you hit someone while they are walking, typically, you are at fault. But, there are times when the pedestrian can be partially to blame. In rare circumstances, the pedestrian might be solely to blame for the accident and therefore responsible for paying for any resulting damages.

What is reasonable care?

Drivers have a higher duty of care when pedestrians are present. Likewise, pedestrians have an obligation to act as any reasonable person would in order to protect themselves from harm. This basically means that the pedestrian had to have acted as any reasonable person would have if they were in the same situation and under the same circumstances.

If the injured pedestrian acted outside of what a reasonable person would have and they are involved in a car accident, then they might be to blame for their own injuries. Proving that the pedestrian is at fault for the accident is even easier if drugs or alcohol were involved, but other situations can make a pedestrian liable.

For example, if a pedestrian walks out into the middle of traffic without permission from a signal light or a present crosswalk, then they did not take reasonable care to protect themselves. Since there would be no way for a driver to anticipate someone walking right out into traffic, the driver should not be held negligent for their actions or for the injuries sustained by the pedestrian.

When is the driver liable?

A driver might be held liable for an accident where the pedestrian was not taking reasonable care is if the driver was speeding or engaging in behaviors that would be deemed negligent. If that was the case, then damages would be calculated based on comparative negligence, where each party would be ascribed a certain percentage of fault for the accident and then be responsible for paying for their portion.

If you are in an accident as either a pedestrian or a driver, it is imperative that you hire a St. Louis car accident lawyer to sift through the details and find out who acted negligently and who is at fault for the accident. Don't just assume that as a driver it is always your fault. There are times when either the pedestrian can be partially or wholly to blame. The best way to know for sure is to consult The Hoffmann Law Firm, L.L.C. for a 24/7 free consultation.

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