It is easy to assume that a driver is at fault in an accident with a pedestrian. This is not always the case. Each situation needs to be thoroughly investigated to determine liability and to ensure that true victims receive compensation. A Tulsa car accident lawyer can help put your evidence together to prove your side of the story.
How is Fault Determined in a Car Accident Involving a Pedestrian?
When a car accident involves a pedestrian, the situation may need a deeper dive into the evidence and facts. Drivers have to exercise caution; however, pedestrians also need to follow traffic laws. A pedestrian can be at just as much fault as a driver, which some people often not know, so they automatically assume it is the driver.
An investigator will rely solely on strong evidence to determine fault. This would include camera footage, evidence from the scene, police reports, and witness statements. They will also consider whether the driver was distracted, which often involves texting, changing the radio, or figuring out a GPS. Other factors could include speeding or reckless driving.
Is Jaywalking Legal in Oklahoma and Could a Pedestrian Be At Fault For This?
Jaywalking in Oklahoma is not specifically illegal. However, a pedestrian has to follow specific safety traffic laws. For example, a pedestrian does not have the right-of-way on streets unless they use a crosswalk at an intersection, and they also need to obey signs and signals at all intersections.
If there is no crosswalk, all pedestrians may only cross a street at a right angle to the curb. It is illegal to cross two streets at one time by walking diagonally across an intersection.
Can a Driver and Pedestrian Share Fault in a Car Accident?
Both a pedestrian and driver can share fault in a car accident because of comparative negligence laws in Oklahoma. Because of this specific law, both parties’ actions can be taken into consideration.
For example, if a pedestrian ran out into the road or tried to cross when another vehicle was coming, the pedestrian holds some fault. The driver could have been distracted or failed to yield and they could bear some responsibility as well.
The percentage of fault will depend on who was more at fault. Let’s say the pedestrian was only 10 percent at fault, they would get 90 percent of the compensation. As long as one of the parties has under 51 percent of compensation, they will be able to recover compensation.
Situations Where a Pedestrian Is Usually At Fault
A driver is required to watch out for pedestrians; however, there are some situations where a pedestrian can be neglectful in their actions. Some common examples are:
- Stepping into traffic without giving a car enough time to stop
- Crossing without a crosswalk or against the traffic signals
- Ignoring signs that say “Do Not Walk” at intersections
- Walking on the road instead of the sidewalk when there is one
- Being distracted while walking, especially when using a phone
In these types of situations, a pedestrian’s negligence can lead to or even be the cause of a car accident.
Let Gorospe Law Group Help With Your Car Accident Involving a Pedestrian
An accident involving a pedestrian can be complex. Contact our Tulsa car accident attorneys to figure out what type of evidence you may need to make your case even stronger. Reach out to schedule your consultation.