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.
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.
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.
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.
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.
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 Involved | Fault Percentage | Damages Awarded | Adjusted Compensation |
| Driver | 60% | $100,000 | $60,000 |
| Pedestrian | 40% | $100,000 | $40,000 |
| Total | 100% | $200,000 | $100,000 |
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.
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.
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:
Pedestrians must exercise reasonable care for their safety, and failure to do so can impact their ability to recover damages.
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.
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.
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.
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.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property harm, contingent on the accident’s specifics.
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.
