When a motorcycle gets in an accident, many people assume the motorcyclist was riding dangerously and caused the accident. When a pedestrian gets in an accident, many people automatically blame the driver no matter what. So can a motorcyclist sue a pedestrian for causing an accident?
Can a Pedestrian Be At Fault for an Accident?
Many people think that a pedestrian can never be responsible for causing an accident with a vehicle. That isn't actually the law.
The law does give drivers extra responsibility to avoid accidents with pedestrians. For example, if a pedestrian crosses when they aren't supposed to, the driver can't just hit them. They need to take reasonable steps to avoid an accident.
However, there are situations where a pedestrian can be responsible for an accident. If a pedestrian causes an accident that the driver couldn't avoid and causes property damage or injuries, the pedestrian is liable for the accident.
How Can a Pedestrian Cause an Accident?
A pedestrian can cause an accident by acting negligently. Negligently means that they acted with negligence or didn't follow an ordinary duty of care.
For example, say a motorcyclist is driving down the street at a posted speed limit and a pedestrian suddenly steps into the road right in front of the motorcycle. If the motorcyclist can't avoid the pedestrian, the collision might knock them off their motorcycle and injure them. If they manage to swerve and avoid the pedestrian, they might collide with something else and have property damage or injuries.
The pedestrian would be liable for that type of accident. That's because they were negligent by crossing where they weren't supposed to and failing to make sure no one was coming.
How Can You Prove an Accident with a Pedestrian?
If you're involved in an accident with a pedestrian, it's important to make sure you can gather the proof you need to win your case. Remember, most people will side with the pedestrian by default.
Many motorcyclists like to use cameras on their helmets or on the motorcycle itself. This is the best evidence since it allows the insurance company, judge, and jury to see exactly what happened. If you didn't have a camera, you might be able to find witnesses who saw the accident. You should also ask the police to fully document where the accident happened to give you more information to be able to reconstruct the accident in court.
To learn more about suing a pedestrian for an accident, contact a local motorcycle accident lawyer today.
Share14 March 2022
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