There are no hard or fast rules for who can be found responsible for a car accident. The short answer is that it is the party that acted unreasonably under the circumstances. In an overwhelming majority of cases, it is the driver of one of the cars involved who was negligent. However, it does not have to be a driver – it could be a pedestrian.
First, it is possible for a pedestrian to be found responsible for an accident when they have been hit. When they cross the street against a light or outside of a crosswalk, it may not be the driver’s fault when they hit the pedestrian. The pedestrian can be found to be contributorily negligent. The same principles can apply even when the pedestrian has not been hit, but when cars collide as a result of what the pedestrian did.
Pedestrians Can Act Unreasonably Too
For example, a car may need to swerve or stop short to avoid hitting a pedestrian crossing where they should not. In that case, both the driver and the other car that they hit would not be at fault for the accident. It would be the pedestrian who caused the accident because they were the ones acting unreasonably with the lack of care. Of course, it may be difficult to track down and find the pedestrian who caused the accident, but hiring a lawyer could help locate the responsible party. They would need to pay for the damage that they caused to all cars involved.
Blakely Pedestrian Accident Attorneys
How long will my car accident case take?
It depends. Your claim can take between several months and several years.
When is someone responsible for my damages?
They will need to be found negligent, meaning that they acted unreasonably under the circumstances.
How much does it cost to hire an attorney?
You will not need to pay anything out of pocket, and the attorney is only paid if you win.