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Photo of T. Andrew Miller

Can a pedestrian be at fault in a car accident?

On Behalf of | Mar 17, 2022 | Car Accidents, Motor Vehicle Accidents, Personal Injury |

The law expects pedestrians and drivers to abide by the rules of the road. When an accident happens involving the two, the driver is not always 100% at fault.

Determining fault is a complex process, and when the plaintiff shares fault for the accident, it directly affects compensation.

Pedestrian actions that may lead to an accident

The most common way a pedestrian causes an accident is by walking while distracted. Talking on a cellphone or texting and walking simultaneously is dangerous in areas with traffic, especially when crossing the street. Walking under the influence can cause a dangerous accident just as easily as driving under the influence. Some other dangerous pedestrian actions may include ignoring road signs and signals, such as the “don’t walk” signal at the crosswalk, or crossing the street somewhere other than an intersection.

How fault may affect compensation

The rule of comparative negligence applies to most personal injury cases and states that the percentage of responsibility you bear for the accident equals the percentage deducted from the awarded compensation. For example, if the value of your claim is $10,000 and your percentage of fault equals 20%, you can only receive $8,000. Additionally, Georgia follows modified comparative fault, which states that you are no longer eligible for compensation if your percentage of fault is 51% or higher.

Several factors play a part in a pedestrian-car accident, including fault and insurance coverage. Sometimes both parties bear responsibility, and considering insurance adjusters protect the interests of the company above all else, fault can complicate negotiations.

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