The screech of tires, a sudden thud, and a pedestrian lies hurt on the road. This scene plays out too often at intersections. When a turning car hits someone walking, figuring out who is to blame isn’t always easy. Many factors come into play, and each case is different.
Right-of-way rules
One key factor in fault is right-of-way. Most times, people walking have the right-of-way when crossing at intersections. This is true even if there’s no marked crosswalk. Drivers must yield to pedestrians before turning.
But people walking also have duties. They should follow traffic signals and use marked crosswalks when they can. If someone darts into the street without warning, they might share some blame for the crash.
Driver’s actions
The driver’s behavior is another big factor. Were they speeding? Did they look for people walking before turning? Were they looking at their phone? Any of these actions could put more blame on the driver.
Visibility matters too. If it was dark or raining, did the driver use extra care? Did they have their headlights on? These questions help decide if the driver acted safely given the conditions.
Often, both the driver and the person walking may share some blame. This is where ideas like comparative negligence come in. The exact laws change by state, but usually, each side’s payment may be less based on their share of fault.
Figuring out blame in these crashes isn’t always simple. It needs a close look at all the factors involved. If you’re ever in this situation, it’s smart to get legal help right away. A lawyer who knows about car accidents can guide you through the process and help protect your rights.