The Hoffmann Law Firm, L.L.C. Articles St. Louis Car Pedestrian Accident

St. Louis Car Pedestrian Accident

By Christopher Hoffmann  Apr. 24, 2018 10:44a

According to Missouri law, drivers have a higher obligation to be cautious when pedestrians are around. So, if a pedestrian is hit, even if they weren’t always following the rules of the road, the driver typically holds a greater responsibility.

If you were driving distracted and didn’t yield to a pedestrian crosswalk, then you would be at-fault and liable for any resulting injuries. It is likely that you would be solely to blame for the accident. There are times, however, when the pedestrian can be doing things that can make them partially, and, in some cases, wholly responsible for their injuries.

When Is a Pedestrian Liable?

The factor that comes into play regarding a pedestrian’s responsibility is the theory of reasonability. The theory of reasonability takes a look at a situation to determine how most people would have responded. If it can be determined that a pedestrian acted abnormally, you may not be at fault for the accident.

Although the driver typically has a greater responsibility to drive safely when pedestrians are present, the pedestrian is obligated to behave in a manner that protect themselves. If they do something that another reasonable person would not have done (and should have been able to anticipate potential harm caused by their action), then the pedestrian might be responsible and liable for their injuries.

If a pedestrian walks out into traffic without notice or without watching oncoming traffic and they are hit, they would likely be liable for their injuries. The only exception would be if the driver that they walked out in front of wasn’t driving at the proper speed or was distracted and not following the rules of the road. In that instance, it might be that both parties bear partial responsibility for the accident and the case would be settled using contributory negligence.

If a pedestrian were intoxicated or endangering themselves by walking in a place that they should not be, then they can be held either partially or solely responsible for their injuries because they failed to protect themselves the way that any reasonable person should have.

While the exceptions are few, if you are in an accident involving a pedestrian, don’t just assume that you are to blame. There are instances where the pedestrian might be either partially or wholly to blame. To determine liability, all factors have to be considered like what the pedestrian was doing when they were hit, and what the driver was doing when they hit the pedestrian. Still, there are times when both may be partially to blame.

Read more:

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