In the event of a pedestrian accident, you may initially assume that a motor vehicle is an at-fault party, given the disparity in injuries and damages they incurred to that of the pedestrian. You may be even quicker to jump to this conclusion if a pedestrian, sadly, gets killed in its aftermath. However, just like any other personal injury accident, you must deeply analyze the sequence of events leading up to the ultimate collision, before reaching this conclusion. That said, read on to discover when a motor vehicle driver is and is not at fault for a fatal pedestrian accident and how a seasoned Tampa pedestrian accident lawyer at Merricks Law Group, P.A. can help you assign blame.
When is a motor vehicle driver at fault for a fatal pedestrian accident?
There is no denying that a negligent motor vehicle driver is, more often than not, at fault for a fatal pedestrian accident. The most common examples of this are as follows:
- A motor vehicle driver negligently makes an illegal turn at an intersection without checking for crossing pedestrians.
- A motor vehicle driver negligently cuts a sharp turn and cannot avoid a pedestrian waiting to cross at a refuge island.
- A motor vehicle driver negligently runs a red light or stop sign at an intersection where a pedestrian is crossing.
- A motor vehicle driver negligently drives while intoxicated and cannot spot a pedestrian in their blind spots.
- A motor vehicle driver negligently speeds and cannot yield on time for a crossing pedestrian.
When is a pedestrian at fault for their accident?
Upon hearing the news that your loved one was killed in a fatal pedestrian accident, you may want to file a wrongful death claim against the negligent motor vehicle driver on their behalf. While you may be eligible to do so, you should ensure that you have a solid case on your hands in the first place. In other words, you should confirm that your loved one’s fatal pedestrian accident was due to no fault of your own. This is because, though it may be difficult to accept, your loved one may have acted negligently in the moments leading up to their fatal collision.
For example, your loved one may have jaywalked. That is, they may have stood in between two parked motor vehicles and then jumped out onto the roadway to cross. Or, even if they used the designated pedestrian crosswalk, they may have crossed before the pedestrian traffic signal indicated for them to do so. As another example, your loved one may have been distracted by their phones while crossing the roadway. Or, they may have been intoxicated. In either scenario, their ability to react to external factors may have been hindered.
If you have any further questions or concerns, please do not hesitate to contact a competent Tampa auto accident lawyer. Schedule your initial consultation with Merricks Law Group, P.A. today.
