If you have suffered an injury in a pedestrian accident, one of the threshold questions in the legal case is who was at fault for what happened. You will need to prove that the driver (or someone else) was to blame for the accident before you can be compensated. You may believe that the driver involved in the accident was at fault, only to be told that you were to blame (either in whole or in part). It is vital that you not let those allegations go unanswered.
If you do, you may find yourself either denied compensation entirely or receiving less money than you otherwise would have gotten. You will need to fight back with your own version of the truth with the help of an experienced pedestrian accident lawyer.
Ways Pedestrians Can Be at Fault for Accidents
While drivers are often held responsible for pedestrian accidents, there are situations where pedestrians may be partially or entirely at fault. One common reason is jaywalking, or crossing the street outside of designated crosswalks or against traffic signals. Pedestrians may also be at fault if they suddenly enter the roadway, leaving a driver with no time to react. Distractions, such as walking while texting or wearing headphones, can also lead to accidents by reducing a pedestrian’s awareness of traffic.
Pedestrians under the influence of drugs or alcohol may misjudge vehicle speeds or distance, increasing the risk of stepping into traffic unsafely. In poorly lit conditions, failing to wear visible clothing can make it difficult for drivers to see pedestrians in time. Although pedestrians generally have the right of way in crosswalks, they still have a duty to act reasonably and ensure it is safe before crossing. Fault is often shared based on the specific circumstances.
Why Insurance Companies Try to Blame Pedestrians for an Accident
Insurance companies often try to blame pedestrians for accidents to minimize or avoid paying out claims. Their primary goal is to reduce liability and protect their bottom line. If they can shift blame to the pedestrian, they may reduce the compensation owed. In some states, if a pedestrian is found even slightly at fault, their recovery can be significantly reduced or entirely barred.
Common tactics include arguing that the pedestrian was jaywalking, distracted by a phone, crossing against a signal, or not using a designated crosswalk. Insurers may also claim that the pedestrian appeared suddenly or was wearing dark clothing, making them hard to see.
By blaming the pedestrian, insurance companies hope to weaken the injury claim or pressure the injured party into accepting a low settlement. This is why it’s important for injured pedestrians to gather evidence, speak with witnesses, and consult an experienced personal injury attorney. An attorney can challenge the insurer’s arguments, present a clear account of the driver’s fault, and help pursue full and fair compensation. Pedestrians have rights, and insurers should be held accountable when those rights are violated by negligent drivers.
If you are a pedestrian being wrongfully blamed for an accident, it is important to take immediate steps to protect your rights. First, avoid admitting fault at the scene, even casual statements like “I’m sorry” can be misinterpreted.
Seek medical attention right away, both for your health and to document your injuries. Then, contact a personal injury attorney experienced in pedestrian accidents. An attorney can help you challenge false accusations, collect surveillance footage, reconstruct the scene if necessary, and deal with insurance companies. Many pedestrian cases involve complex questions of liability and negligence, so having legal counsel ensures that your side of the story is fully represented. Being unfairly blamed can affect your ability to recover compensation, so it is essential to act quickly and strategically. With the right support, you can fight back against wrongful blame and pursue the recovery you deserve.
How a Pedestrian Accident Attorney Can Help You Fight Back
If the insurance company insists on wrongfully blaming you for the accident, you do not have to simply abide by what they say. The insurance company may deny your claim entirely, or they may try to reduce the amount of compensation that they offer you. However, the insurance company is only in the role of the representative of the driver who may really have been at fault for the accident. You can and should fight back when you have been wrongfully blamed.
Your pedestrian accident attorney may use the following evidence to tell your side of the story:
- Testimony from witnesses who saw the accident
- Pictures from the scene of the accident
- Video footage of the incident
- The police report of the accident
- Testimony from an accident reconstruction expert
As much as you need to prove that the other party was to blame for the accident, you may also need to provide evidence that will clear you from fault. Otherwise, the insurance company may succeed in reducing or eliminating your compensation.
Your pedestrian accident lawyer can push back in settlement negotiations and recommend that you refuse to sign any agreement that fully and fairly pays for your injuries. If the insurance company still insists on trying to cast blame your way, your pedestrian accident attorney can take your case to court, and a jury will decide whether you are to blame and how much of the fault you may bear. Of course, you are always taking a risk when you go to court, but the insurance company may leave you with no other choice.
Protect Yourself from Blame with a Seasoned Pedestrian Accident Attorney Near You
The best course of action is to hire a pedestrian accident attorney as soon as possible. If the insurance company sees that you do not yet have a pedestrian accident attorney, they may exert their strongest possible efforts to try to find a way to blame you for the accident. A personal injury attorney serving Nashua will stand up to the insurance company and pursue the compensation you are owed.