The statement ‘a pedestrian is never at fault in a car accident’ is not true.
While drivers do have a duty of care to drive in a manner that does not endanger other road users, there are times when pedestrians make mistakes that leave drivers with no way of preventing a road traffic accident.
Pedestrians at fault in a car accident: Sudden appearances
If, for example, a pedestrian comes running out of nowhere in front of a passing vehicle, the driver may not be able to stop in time to prevent an accident on the road even if he or she was not doing anything wrong at all.
In this case, the pedestrian would be at fault in a car accident.
Pedestrians fault in a car accident: Lack of attention
In a similar way, you may be at fault in a car accident as a pedestrian if you simply walk into the road on a zebra crossing, for instance, without even checking for passing cars.
Again, even a perfectly alert and careful driver may not be able to prevent a traffic accident if you step out right in front of them.
Establishing fault in a car accident
Whether you are a pedestrian, cyclists or driver, if you are involved in a traffic-related accident, it is always necessary to gather evidence to help establish who was at fault. This includes:
- Getting names and contact details of witnesses
- Exchanging details, including names, addresses, insurance details, vehicle registration, colour, model and make, with all parties involved in the road accident
- Getting copies of police reports and the details of officers attending the scene
- Taking photos of the scene, damage to vehicles and injuries suffered
If you were not at fault, you could be eligible to make a pedestrian, cycling, passenger or driver injury claim, so it is important to get your injuries seen to by medical professionals and documented in your medical records as soon after the motoring accident as possible.
Basically, anyone injured hurt by a car accident that was not their fault could be entitled to personal injury compensation.
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