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Can a pedestrian be at fault in a car accident?

When you get into an accident as a pedestrian, your life could be put in danger. You automatically may feel it was the driver's fault, and many times, it is. Can a pedestrian be at fault for a crash, though, and should you be concerned that you could be named as the person at fault? The short answer is yes, even though it's not commonly the case.

If it's hard to tell who was at fault in your case, you'll need to show in what way the driver was negligent and why you had the right of way. Was the driver on his or her phone or talking to someone in the back of the vehicle? Was he or she looking away from the road? What information can you give that shows why the driver was acting without due care?

If the driver was speeding, failed to yield when you had the right of way, was intoxicated or distracted, your case may be strong. Showing the driver's texts at the time of the crash could be good evidence, if the police access them. If you don't have a way to prove these points, then it could come down to he-said-she-said claims, and that's not a position you want to be in.

Your attorney may ask you about your position during the accident. Were you crossing outside a marked crosswalk, or were you crossing the street during a "don't walk" signal? If so, you could be held liable for the injuries you suffered as well as for damage to the other person's vehicle or injuries the driver or passengers suffered.

Source: FindLaw, "Car v. Pedestrian Accidents: Who's at Fault?," Brett Snider, Esq., accessed Jan. 14, 2016

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