Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

Pedestrian accidents involving cars can be tragic, often resulting in severe injuries or fatalities. Unlike typical car accidents, the consequences for pedestrians are much more serious due to the vulnerability of those walking. In this blog, we will explore who is at fault in pedestrian and car accidents, how Oklahoma law applies to these situations, and what steps should be taken after such an accident. We will also highlight how compensation works when the pedestrian and the motorist may be both at fault.

Determining Fault in Pedestrian Accidents

One of the most critical questions that arises when a pedestrian is struck by a vehicle is: Who is at fault? The answer depends on a variety of factors, such as the actions of both the driver and the pedestrian, the environment, and the traffic laws in place. Fault in these cases can be complex because both parties can contribute to the accident in different ways.

When Drivers Are At Fault

Drivers are often found to be at fault in many pedestrian accidents. Common causes include speeding, distracted driving (such as using a cell phone), and not stopping at crosswalks to yield to pedestrians. Drivers have a responsibility to be alert and yield to pedestrians when necessary, especially in areas designated for pedestrian crossings.

When Pedestrians Are At Fault

On the other hand, pedestrians can also be found at fault in some instances. If a pedestrian crosses the street outside of a crosswalk or ignores traffic signals, They might bear some or all of the blame for the mishap. Other factors, such as jaywalking or walking while intoxicated, can also play a role in determining fault.

Oklahoma’s Comparative Fault Law

In Oklahoma, fault in pedestrian accidents is often determined under the principle of comparative fault. This rule allows for multiple parties to share responsibility for the accident, with each party’s degree of fault being considered. Oklahoma follows a modified comparative negligence rule, which means that as long as the pedestrian’s responsibility is less than fifty percent, they are still entitled to compensation. However, the amount of compensation will be reduced based on the percentage of faults attributed to the pedestrian.

Example of Comparative Fault:

In a case where a driver is found to be 60% at fault for speeding and the pedestrian is 40% at fault for jaywalking, the pedestrian can still receive compensation. However, the compensation will be reduced by 40% to reflect their role in the accident.

Party InvolvedFault PercentageDamages AwardedAdjusted Compensation
Driver60%$100,000$60,000
Pedestrian40%$100,000$40,000
Total100%$200,000$100,000

Shared Fault Scenarios

In many pedestrian accidents, both the driver and pedestrian share fault. In such cases, a court will consider the degree to which each party contributed to the incident and allocate responsibility accordingly. These situations often involve complex legal considerations, where Both parties’ conduct will be closely scrutinized.

For example, if a pedestrian is crossing the street illegally and a driver is speeding, both parties may be found partially at fault. In such cases, the damages awarded to the pedestrian will be reduced based on their percentage of fault.

In Oklahoma, a plaintiff can recover damages if they are less than 50% at fault, but their percentage of fault will reduce their compensation.

Legal Consequences and Compensation

When a pedestrian is involved in an accident with a car, they may be entitled to compensation for their injuries, medical bills, lost wages, pain, and suffering. The degree of compensation, however, will be determined by how much the motorist and pedestrian were at fault. The chauffeur.

Types of Compensation Available:

  • Medical Expenses: Covers hospital bills, treatment costs, rehabilitation, and future medical care.
  • Lost Wages: If the injury affects the pedestrian’s ability to work, they may be entitled to compensation for lost income.
  • Pain and Suffering: This compensates for the physical pain and emotional distress caused by the accident.
  • Property Damage: If the pedestrian’s personal property, such as a cell phone or clothing, is damaged, they may also seek compensation.

Steps to Take After a Pedestrian Accident

If you are involved in a pedestrian accident, It is crucial to adhere to specific procedures to safeguard your rights and guarantee that the appropriate legal procedures are followed:

  • Ensure Safety: First, ensure that you and others are safe. If possible, move injured individuals away from traffic.
  • Call Emergency Services: Call 911 immediately for medical support and to notify the authorities of the accident.
  • Exchange Information: If possible, exchange contact and insurance information with the driver. Do not admit fault at the scene.
  • Document the Scene: Take photographs of the accident scene, including the position of the vehicle and pedestrian, any damage, and any injuries sustained.
  • Contact an Attorney: Reach out to an experienced personal injury attorney who can help you navigate the legal process and determine your eligibility for compensation.

Pedestrians must exercise reasonable care for their safety, and failure to do so can impact their ability to recover damages.

FAQs Section

Who is typically at fault in a pedestrian and car accident?

In most cases, the driver is found to be at fault due to speeding, distraction, or failing to yield. However, pedestrians can also be at fault for not following traffic laws, such as jaywalking or crossing against signals.

How does Oklahoma’s comparative fault law impact my case?

If you are found to be less than 50% at fault for the accident, you can still receive compensation. However, your compensation will be reduced by the percentage of your fault.

Can I still receive compensation if I am partially at fault?

Yes, as long as your fault is less than 50%, you are still eligible for compensation. However, the amount will be reduced based on your share of fault in the accident.

What steps should I take immediately after a pedestrian accident?

Make sure to ensure safety, call emergency services, exchange information, take pictures of the scene, and consult a personal injury attorney to protect your rights.

What types of compensation can I seek after a pedestrian accident?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property harm, contingent on the accident’s specifics.

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Conclusion

Pedestrian accidents are serious, and determining fault is essential to guaranteeing victims obtain the restitution they are entitled to. Oklahoma’s comparative fault law allows victims to recover damages as long as their fault is less than 50%, but their compensation will be adjusted accordingly.

If you or a loved one has been involved in a pedestrian accident, it’s essential to consult with an experienced personal injury attorney. Graves McLain Injury Lawyers can help guide you through the process, ensuring that your rights are protected and that you receive the compensation you deserve.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

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