Is the Vehicle Driver Always at Fault in a Pedestrian Crosswalk Accident?
Posted on behalf of Phillips Law Group on Oct 20, 2010 in Auto Accidents
When Arizona pedestrian crosswalk accidents happen, they almost always lead to injuries, and these injuries are usually suffered by the pedestrian for obvious reasons. When such an incident takes place, most would assume that the fault lies with the driver of the vehicle involved. However, that is not always the case, as you'll see below. Even if the driver is not totally at fault for the injuries suffered by the pedestrian, that does not mean that those who have been harmed should not still seek the help of experienced Phoenix pedestrian accident attorneys. Below is a brief overview of this issue.
Arizona Pedestrian Accidents - When the Driver is Not Completely At Fault
There is one scenario above any others that could be considered common in which the driver of the vehicle involved in an Arizona pedestrian crosswalk accident would not be found to be completely at fault. This situation concerns when the pedestrian is walking across the street against a traffic signal, as pedestrians are supposed to follow all relevant Arizona traffic laws in the same way that drivers do. Therefore, if a driver is moving down the street in a reasonable fashion and a pedestrian proceeds into the crosswalk when he or she is not allowed to do so, the driver may not be at fault for the injuries suffered.
Comparative Fault in AZ Pedestrian Crosswalk Injuries
Not all Arizona pedestrian crosswalk accidents are completely cut-and-dried. There are situations where both parties could be found to be partially at fault, and when this situation arises the laws regarding Arizona comparative negligence become relevant. Basically, Arizona follows what's known as a 'pure' standard of comparative fault, which means that if a pedestrian is injured and both parties are partially at fault, the amount of damages sought by the pedestrian will be reduced by the percentage of fault that's assigned to him or her by the court.
If you or someone you love has been harmed in an Arizona pedestrian crosswalk accident and you're not sure where the fault lies, you owe it to yourself to seek the help of experienced Phoenix crosswalk injury lawyers to obtain the advice you need. Contact Phillips Law Group today to schedule a free initial consultation.