Pedestrian-related accidents are usually traumatic and life-altering experiences that tend to result in serious injuries for pedestrians. One of the first things that most people want to know in such cases is whether the injured pedestrian will be compensated—especially if they believe they themselves may have played a part in what happened.
In most cases, pedestrians recover compensation even if they are deemed partially responsible. However, the outcome will be determined mainly by the state law where the accident occurred. In places like South Florida, injured pedestrians have difficulty proving fault and recovering compensation.
That’s why hiring a pedestrian accident lawyer from Hollander Law Firm can make all the difference. They assess the case and help victims receive compensation even if they are partly responsible for the accident. This article answers the question of recovering from compensation if one has partly contributed to a pedestrian accident.
Understanding Comparative Negligence
Comparative negligence is a legal principle applied to measure the level of negligence in personal injury cases, such as pedestrian accidents. According to this principle, the court or the insurance adjusters measure the degree of contribution by each party towards the accident. The resulting proportion of fault influences the compensation award that a pedestrian receives.
There are two kinds of comparative negligence: pure and modified.
Under pure comparative negligence states, a pedestrian may recover for their injuries regardless of their degree of fault, up to 99%. Their award, however, will be decreased by their proportion of fault. For example, if pedestrians were held 30% accountable for causing an accident and the total damage was $100,000, they would get $70,000.
Modified comparative negligence is slightly stricter. In states that are following such rules, a pedestrian will not recover compensation unless their portion of the proximate cause of the accident falls below a specific threshold—typically 50% or 51%. If they were equally or more responsible for the incident than the driver of the vehicle, they would not be able to recover anything.
The Role of Legal Representation in Shared Fault Cases
When a pedestrian is partially responsible for an accident, they may greatly benefit from the representation of an experienced attorney. An attorney can gather evidence, negotiate with the insurance company, and fight for a proper division of blame. This becomes particularly important in states with comparative negligence, where going over the 50% mark could be the difference between recovering and leaving with nothing.
Lawyers get help from accident reconstruction specialists and medical professionals to understand the right percentage of liability and the extent of the injuries to strengthen your claim. On top of that, their understanding of local traffic laws and personal injury regulations enables them to challenge unjust accusations and fight for your rightful compensation.
How Fault Is Determined in a Pedestrian Accident
Determining fault in a pedestrian accident requires a close examination of the actions of the pedestrian and the driver. Jaywalking, crossing the road against traffic signals, distracting the pedestrian while on the road, or walking into a road outside a crosswalk can be factors in assigning partial fault to the pedestrian.
While that happens, officials will investigate the driver’s actions. Was the driver violating any traffic laws, under the influence, driving too fast, or driving while distracted? All of these factors can be determined through eyewitness statements, traffic cameras, police reports, and expert reviews.
Takeaways
Being partly responsible for a pedestrian accident does not leave you out of options. Even if they caused it, victims will be shocked to learn they can still get paid. Understanding comparative negligence, how fault is determined, and the value of legal advice are crucial factors in achieving a fair settlement.
If you have been involved in a pedestrian accident, remember that having some fault does not disqualify you from receiving compensation. It’s important to consult with a legal professional to review your case and better understand your options.
