Auto accidents are always difficult to handle, even when both parties are in their vehicles. Being a pedestrian involved in one can be even more challenging, especially regarding liability. While every case is unique and best managed with a personal injury attorney, there are some general facts about the law that should be known. If you're a pedestrian involved in an automobile accident, note the following. 

What You Should Know About Pedestrian Liability in Auto Accidents

Could a pedestrian be held liable for an accident with a car?

Although you may have heard that pedestrians always have the "right of way," that's not always true. As a pedestrian, you have the right of way at both marked and unmarked crosswalks, but you're still expected to be aware of the laws and flow of traffic. For example, if the light is green, you cannot simply dart into traffic; a car will not stop for you. It is in situations like that where a pedestrian would be considered at fault and liable for an accident if it were to occur. Furthermore, in many states, such as Pennsylvania, they must yield the right of way if crossing in the middle of a street. 

When are drivers held liable for an accident?

In most automobile accidents, it's common for the driver to be held liable. Using the above example, if the light is red, the pedestrian has the right of way, and any speeding car would be liable for the accident. If something were to happen at an unmarked crosswalk that left the pedestrian severely injured, generally, most attorneys and law enforcement professionals would err on the side of holding the driver liable. 

Can both be held liable?

There are many situations where both parties could be held for an accident. Your attorney might refer to this as "shared blame" or "comparative negligence." In those situations, a pedestrian's compensation would depend on the percentage of blame they had in the accident. For example, if an adjuster determined that the pedestrian was 25% responsible for the accident, the driver would only be liable to pay for 75% of the damages. 

What kind of compensation can a pedestrian receive?

Generally, the awarded compensation will cover the cost of any medical bills; past and future lost income; as well as pain and suffering, both mental and physical. While the first two are more easily calculated, the latter requires more nuance. An attorney can help you understand how the courts and insurance adjusters will decide this. 

If there's been an accident, you can rely on Bernard M. Tully, Attorney at Law. For over 30 years, they've been trusted for various personal injury cases throughout the Pittsburgh, PA, region. As your attorney, you can trust their experience and expertise to get you the compensation you deserve. You can learn more about their approach on their website, and if you're ready to speak to someone directly, (412) 281-8700. They offer free consultations, so don't hesitate to get in touch.