Imagine you’re out on the road, just driving or walking to your destination. Then suddenly, you hit a pedestrian or get hit by a driver. Surely after this, there will be damages to pay, but whose fault would it be? Here are some facts about fault that you need to keep in mind the next time that you’re out on the road, regardless of whether you’re a driver or a pedestrian.
Both Parties Have Responsibility
Many people believe in the notion that the pedestrian has the right of way. After all, drivers are always advised to practice defensive driving and being aware of the law and the other people on the road. However, those who walk also have a responsibility to follow the rules that are applicable to them. If they don’t, they’ll likely get at least part of the fault, which would be a little embarrassing when facing their pedestrian accident lawyer in Everett. The law applies to all people.
The Pedestrian Can Also Be at Fault
As mentioned earlier, it’s very possible for the pedestrian to at least share part of the fault in the accident. It usually happens when they do something that violates the law, distracts the driver, or gets them in the way. Common examples of these actions are jaywalking, crossing when you’re not supposed to, wearing dark clothing at night while walking, and suddenly going into the road to get an item you dropped. If you’re a pedestrian and you don’t want to deal with this matter, it’s best to prevent it and be mindful of your surroundings.
Fault Doesn’t Have to Be One-Sided
When the decision is made as to who will pay whom for damages, the focus doesn’t have to be on just one person. For most states, when both parties contribute partly to the accident, fault is shared between them. All that’s left now is to determine how much of a share each one has, compute for damages accordingly, and see if someone needs to be paid as compensation. Of course, when it clearly is just one party’s fault, then the burden falls on them.
The Decision Depends on the State
When you travel a lot, it helps to pay attention to the laws that apply to the state you’re in. Accident-related decisions, among other things, will depend on it. For example, in the states of Alabama and Maryland, if you contributed something to the accident, even just a little bit, then you can’t receive any compensation from the other at-fault party. Always be aware of the law wherever you are, and follow them so you can avoid having to deal with injuries in the first place.
Just because you’re a pedestrian doesn’t mean that you’re always going to be compensated. In the same way, just because you’re a driver doesn’t mean that you’re already solely at fault in an accident. It still has to be determined if you did something wrong that contributed to the event. Of course, it would still be best to drive and walk within the rules so you can avoid it. Laws are there mainly for our own safety, and the responsibility falls on all of us to follow them.