A pedestrian will be at-least partially at fault for a texting and walking accident with a car.
Like drivers, pedestrians must act responsibly and exercise duty of care when sharing the road with other drivers and pedestrians. And texting while walking is among the ways in which pedestrians can be at-fault for an accident.
Can a Pedestrian and Driver Share Fault in a Texting and Walking Accident?
Yes. Anyone whose negligent behavior contributes to an accident can share fault for it. For example, a pedestrian is texting and walking and walks across an intersection without looking. A driver turning right sees the pedestrian is distracted but does not make an effort to avoid a collision. In this case, both the driver and the pedestrian might be at-fault.
However, it is important to note that, per Georgia’s comparative negligence laws, a pedestrian who is more than 49 percent at-fault for an accident will be unable to recover any compensation. For example, if you were texting and walking but another driver was speeding, an investigation might find you 75 percent at-fault for your injuries. This would render you unable to recover compensation.
Can I Recover Compensation for a Texting and Walking Accident with a Car?
Yes, you can recover compensation for your medical expenses even if you were texting and walking. However, you will only be able to recover compensation for some of your expenses due to Georgia’s comparative negligence law.
In addition to preventing you from recovering compensation if you are 50 percent at-fault, the comparative negligence law also decreases your compensation in proportion to your amount of fault. If you were 40 percent at-fault for the accident, you can recover 60 percent of your medical expenses, lost wages, and other accident-related losses.
If you were primarily at-fault (i.e., 50 percent or more) for the accident, you would have to turn to your own insurance coverage. This might include your medical payments coverage or your health insurance coverage. If you do not have medical payments coverage, you may be able to use the coverage of someone in your household. If none of these pedestrian accident coverage options apply in your situation, you might end up having to cover all your accident expenses out of pocket.
Call an Atlanta Personal Injury Lawyer
Texting is something we all do every day. And while texting while crossing roads and intersections is something we should never do, no one is perfect.
We understand that everyone from drivers to pedestrians makes mistakes on the road. We believe that even being partially at-fault for a pedestrian accident should not prevent you from receiving at least some amount of compensation. A pedestrian accident lawyer from S. Burke Law is here to help. Give us a call now for a free consultation at 404-842-7838. You can walk us through your pedestrian accident, and we can lay out your coverage options.