Who Is at Fault After a Midline Pedestrian Accident?

In many cases, if you are hit by a car as a pedestrian, you will be fully entitled to compensation for your injuries. Motorists are responsible for looking out for pedestrians and doing everything possible to avoid hitting them. However, if you are hit by a car in a midblock pedestrian accident, you may be considered responsible for the accident when you try to seek compensation for your injuries. In these cases, it's essential to hire a personal injury attorney.

Situations Where You Might Be Responsible for a Midblock Accident

You are not allowed to cross the street if doing so would break the law. You are also not allowed to cross the street if you do not show a duty of care. However, while the auto insurance provider of the motorist might argue that you were breaking the law, you may successfully dispute this and win a settlement with the help of a great personal injury lawyer.

Even if you violate the law, this is not conclusive evidence of negligence. To be eligible for compensation for your injuries, you must prove that the other party was more than 50% at fault for the accident. For example, the motorist might have been speeding and may have also been under the influence of alcohol at the time of the accident. As a result, the motorist might be considered more at fault for the accident than you are.

Comparative Negligence

In some cases, both you and the other party might be considered negligent. You may still be able to receive compensation but only for a portion of your medical bills. For example, if you are considered 25% at fault for the accident, you may only receive compensation for 75% of your medical bills.

Causation

Even if the courts determine that you are entirely without blame, you may not receive compensation because there may not be evidence that your injuries were caused by the accident. In some cases, pedestrians struck by motor vehicles may only suffer minor injuries. If you are not able to prove that your more costly and serious injuries are caused by the accident, such as if it was more likely caused by a pre-existing condition, you may not be entitled to compensation for all of your injuries. Therefore, you will need help from a personal injury attorney to help you prove that your injuries were caused by the accident.

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