St. Louis Car Wreck Lawyer Discusses Pedestrian Accidents
By Christopher Hoffmann
Jan. 30, 2018 8:53a
According to Missouri law, someone is found negligent in an accident when they either fail to take action and that failure to act is the direct cause of an accident, or if they do something that directly results in an accident. When pedestrians are present, a driver has a higher duty of care to be diligent and drive more carefully. This is why, when car accidents involve pedestrians, it is almost always the case that the driver is found at fault.
However, that doesn’t mean that if you are in an accident where a pedestrian is hit, you are automatically at fault and liable for their damages and injuries. There are times when the pedestrian can be found negligent according to their actions.
Just like drivers need to take more care when pedestrians are present, pedestrians also have a duty to behave as any “reasonable person” would in order to protect themselves. The construct of a “reasonable person” is that, if another person were in the same position, they would behave in the same manner. Therefore, if a pedestrian doesn't behave in a way that ensures their own safety, then they might be found partially at fault and negligent if they are hit by a car.
Cases where a pedestrian might be at fault
If a pedestrian walks out into traffic without any warning and is hit, then they may be deemed negligent. Since there is no way for a motorist to anticipate that a pedestrian would walk in front of their car, and it is not what a reasonable person would do, then the pedestrian may be held liable for their own injuries. Also, if a pedestrian is walking on highways or roadways and hit, then they also might be responsible for their own injuries.
If you are in a car accident with a pedestrian, don’t just assume that you are fully responsbile. There are times when the pedestrian’s actions might make them negligent and liable. The best way to ensure that you are protected and covered in an accident with a pedestrian is to speak a professional St. Louis car accident attorney as soon as possible.
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