What Happens If a Pedestrian Is At Fault for an Accident?

If a pedestrian is at-fault for an accident, he will need to turn to his own insurance company or pay for their expenses out of pocket. If the accident caused the driver to suffer injuries, the pedestrian would also be financially liable for those injuries.

If you were involved in an Atlanta pedestrian accident, do not hesitate in reaching out to a pedestrian accident lawyer at S. Burke Law. Our consultations are free, and we are committed to getting you the compensation you deserve. Call us at 404-842-7838.

When Might Be Pedestrians Be At-Fault for Accidents?

Knowing when pedestrians are at fault in accidents is key to knowing what happens when they are at-fault. Like drivers, pedestrians must exercise duty of care, and cannot behave in ways that put others at risk.

The following are among the ways in which pedestrians can behave negligently and cause an accident:

  • Texting while walking
  • Talking on the phone
  • Talking to other pedestrians
  • Walking while intoxicated
  • Ignoring or disobeying street signs and crosswalk signals
  • Crossing the street outside of an intersection, crossing outside of crosswalks
  • Running into traffic, stepping in front of cars

Can the Pedestrian and Driver Share Fault?

Yes. Georgia’s comparative negligence laws allow parties involved in an accident to share fault. While pedestrians have the duty to yield right-of-way to vehicles and pay attention to their surroundings, drivers also have the responsibility to avoid accidents whenever possible — even if the pedestrian is behaving negligently. Common examples of shared-fault accidents include:

  • A pedestrian is crossing outside of a crosswalk. A driver has time to stop and avoid the accident, but he is not paying attention.
  • A pedestrian crosses at a crosswalk against a walk signal. A driver turning right on red and hits the pedestrian.
  • A pedestrian has the right-of-way (e.g., he has a walk signal), but steps in front of a driver already navigating a turn. While the driver should yield to the pedestrian, a pedestrian cannot simply walk in front of a car and expect it to stop.

How Can I Pay for Accident-Related Damages?

You might have a few coverage options available to you if you are hit by a car, depending on the circumstances. If you were primarily at-fault for the accident, your medical payments (MedPay) policy should cover you. If you do not have car insurance or did not opt for MedPay coverage, you can use a family member’s policy.

If neither you nor a family member has MedPay coverage, you may be able to use your health insurance coverage. It is important to note that many health insurance policies exempt car accident injuries from coverage.

If the driver suffered injuries, you may need to use your liability coverage to pay for the driver’s losses.

If you were only partially at-fault, you may be able to get the other driver to pay for your injury costs. However, it is important to note that you will only be able to recover compensation from the other party if you were 49 percent or less at-fault for the accident.

Consider the following: You were jaywalking. A drunk driver hit you. While you were crossing outside of a crosswalk, an investigation finds the driver could have avoided the accident had he been sober. The investigation finds you 40 percent at-fault and the driver 60 percent at-fault. You would be able to recover 60 percent of your settlement demand (e.g., if you requested $20,000, you would be entitled to $12,000).

Call an Atlanta Pedestrian Accident Lawyer for Help Recovering Compensation

Getting into an accident is an unexpected event no one can plan for. If you were recently involved in an Atlanta pedestrian accident, please do not hesitate to reach out to S. Burke Law. We will fight to get you the compensation you need to cover your injuries and other losses, even if you contributed to the accident.

Call us now at 404-842-7838 for a free consultation.