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How to determine who's at fault in an auto-pedestrian accident

If you or a loved one was the victim of an auto-pedestrian accident, you might be familiar with the pain and grief that goes along with it. If serious injury or death occurred as a result, it is natural to want to figure out the person responsible. Often, it is the driver's fault. But, sometimes, other parties can affect the incident as well. Below are some things to consider when trying to determine who to hold accountable.

It is usually obvious when a driver is negligent on the road. Here are some of the most common infractions in accidents like these:

  • Driving too fast.
  • Not signaling.
  • Driving under the influence.
  • Distracted driving.
  • Not following traffic signs.

Drivers should give children special attention. They are supposed to notice when they are in the area and adjust their driving. If a driver fails to drive cautiously and they hit a child, it is also considered negligence.

There are cases in which pedestrians are negligent as well. Pedestrians must be aware of the dangers of the road and exercise caution. The following are some common instances where pedestrians ignore that risk:

  • Not using crosswalks.
  • Not following the "walk" signal.
  • Stepping into traffic without taking precautions.

The property where the accident occurred also could have contributed to the incident. It is possible that the property was unsafe and influenced the situation. The law considers it negligence if the owner created the dangerous conditions. If they knew about the conditions and failed to repair the issue, the law also views it as negligence. Finally, it is negligence if they existed for so long that someone should have found and repaired it.

Whether you believe you know the cause or not, it is in your best interests to contact a personal injury attorney who has experience with auto-pedestrian accidents. They will help you interpret the law and may help you to determine who was at fault in your situation.

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