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William Eadie | Feb 16, 2015

Hit Outside of Crosswalk, Am I at Fault?

On most roads, there are plenty of safety restrictions and features put in place to keep people safe. This can include bridges, crosswalks and any other specified areas in which pedestrians are permitted to walk safely.

Typically if a pedestrian steps out of the crosswalk they do so at their own jeopardy. They allowed themselves to walk outside the safety zones and are usually held responsible if injured in an accident.

However, there are exceptions to this rule and if you or someone you love has been hit by a vehicle while outside of a crosswalk there are some things you need to know. In order to prove your case, the entire scene of the accident needs to be investigated and researched. This includes investigating the other driver. What were they doing at the time of the accident? The driver could have been texting, playing with their radio or looking away from the road. Any of these activities (and more) could have caused the accident and they’d be at fault instead of you.

Then there are other questions to be asked. Did you just decide to walk in an area not deemed as a crosswalk or was this a sudden decision? Both you and the driver have to show a reasonable amount of care on the road. This means while the driver should have seen you, you also should have seen the driver. You may both be at fault and that needs to be investigated as well. In cases of shared fault, you may still be eligible for compensation. For example, your injuries may have a total cost of $250,000 dollars but you are 50% at fault. If the jury finds in your favor, you will be awarded half of the amount of your injuries due to the percentage of fault that belongs to you in regards to the car accident