Can a Pedestrian Ever Be Found Partially at Fault?


It may sound crazy, but just because you’re involved in a pedestrian accident, that doesn’t mean you’re automatically entitled to damages. Your Atlanta injury lawyer still needs to prove your case like anybody else. There’s even the chance that the defendant will claim that you were at fault. This may sound impossible. However, there have been times when the courts have deemed the pedestrian at least partially at fault.

For example, if someone is drunk and laying down in the middle of the road, they could very well be ruled at fault. The same is true if you insist on walking outside the crosswalk and hit by a moving vehicle. For the most part, however, pedestrians are considered victims. If this happens to you, it’s a good idea to call and talk to an experienced Atlanta injury lawyer right away.

Doesn’t the Pedestrian Always Have the Right of Way in Atlanta?

Most people have heard the saying that “the customer is always right.” There’s another saying that “pedestrians always have the right of way.” While this makes sense, since a car is so much more powerful than a person, it isn’t always the case. There are traffic rules in place for a reason. Pedestrians have to comply with these rules as well.

For example, if you’re at an intersection, you’re supposed to wait until the sign says, “Walk.” You’re also not supposed to walk along the shoulder of a major road or highway. It doesn’t take much for a vehicle to veer onto the shoulder for a second or two. Sadly, that’s all it takes for you to get hit and seriously injured. It’s better to assume that you never have the right of way. That way, you’re always on guard and looking out for other vehicles.

It’s All a Question of What Your Atlanta Injury Lawyer Can Prove

Just because you were on foot when you were hit by a car, you still have to prove your case. Your Atlanta injury lawyer is going to have to prove negligence. This requires that they show 4 things:

  • The defendant owed you a duty – Clearly, drivers owe pedestrians a certain duty of care. They have to observe crosswalks and stop at all stop signs and red lights. They also have a general duty of care toward everybody they encounter on the road.
  • They breached this duty – The easiest way to prove this is to show that the defendant got a ticket at the accident scene. If this isn’t the case, your Atlanta injury lawyer will have to find another way to prove breach.
  • You were injured – Your attorney will submit a copy of your medical records to prove your injuries. If you didn’t suffer any injuries, you won’t be entitled to compensation. You can only demand damages for injuries you actually suffered.
  • Your injuries were caused by the defendant’s breach – You need to make sure something other than the accident caused your injuries.

If your Atlanta injury lawyer is able to prove all of these elements, you should be entitled to damages. It’s just a matter of how much. Your attorney will demand that you receive the following:

  • Medical bills and future medical treatment
  • Pain and suffering
  • Lost income
  • Lost future income
  • Permanent disability

Call and Schedule Your Free, Initial Consultation

If you’re a pedestrian who was hit by a car, there’s a good chance you suffered serious injuries. The person who hit you should be held accountable. It wouldn’t be fair for you to be left holding the bag. If you know who the driver was, then you need to meet with an experienced Atlanta injury lawyer.

You can set up a time to sit down with one and tell them your story. If they feel you have a strong case, they’ll be willing to represent you. The good news is that your consultation is free. In fact, you don’t pay anything until your case is settled or resolved.

Call our office today and speak with one of our friendly staff. Let them know what kind of case you’re calling about. They’ll find a date and time that works for you. Make sure you’re upfront and honest with your attorney.

If you think that you may have caused the accident, make sure you tell them. It’s better than having them feel blindsided later. They’re going to work hard to get you the compensation you deserve. Since the consultation is free, you have nothing to lose.

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