Is a Driver Who Hits a Pedestrian Always at Fault?

Automobile accidents between vehicles and pedestrians can happen unexpectedly and result in significant damage, as well as potentially serious injuries. That said, some might believe that these mishaps are always the fault of the individual operating the vehicle.

There are many nuances to this question, and we will attempt to answer whether a pedestrian can be deemed at fault for causing a car accident.

The short answer to the preceding inquiry is yes. However, there are several facets to discuss.

The Modified Comparative Negligence Principle

All personal injury cases in Pennsylvania are subject to the Modified Comparative Negligence Principle. Before a pedestrian and their personal injury attorney can proceed in any personal injury case, an adjudicating body (a judge or jury) must first determine which parties were at fault. The individuals will hear the facts surrounding the case and then assign a specific percentage of fault to those involved.

Comparative negligence means that both the complainant and the defendant may be assigned a certain amount of fault. A pedestrian seeking damages following involvement in an auto accident will have the total compensation awarded reduced by the percentage the adjudicating body assigns them.

If said complainant is ruled to bear greater responsibility than the other parties (51 percent or more), that individual is not eligible to claim any damages.

Proving Fault

Success in a personal injury case requires that the complainant demonstrate several important issues occurred:

  • The accused party demonstrated an act of negligence (in the case of a pedestrian this could be performing an act like jaywalking)

  • This negligent act precipitated the accident

  • The accident lead to the complainant's injuries

  • The damages the complainant seeks are directly attributable to injuries sustained in the accident and no other injury or illness

A personal injury attorney might be able to formulate a successful case by conducting important actions including, but not limited to, interviewing witnesses, reviewing the reports authored by responding law enforcement officials and traffic engineers and presenting a patient's medical reports.

Contacting an Experienced Personal Injury Attorney

Individuals who were pedestrians in car accidents are urged to contact us as soon as possible. Our team of lawyers will offer compassionate counsel, review your case and may be able to formulate an argument worthy of earning damage-related compensation.

Contact Mayerson Injury Law at (610) 492-7155 to discuss your personal injury case today.