Who Can Be Held Liable in a Pedestrian Accident?

Any time a vehicle collides with a pedestrian, the results can be catastrophic. The question is, who can be held liable in a pedestrian accident? Perhaps more importantly, what are your options for seeking justice and pursuing compensation to aid in your recovery?

Kansas has established clear pedestrian laws and outlined drivers’ responsibilities when encountering walkers. However, pedestrian accident cases can still become complicated because your attorney must prove that the driver was negligent while also addressing common defenses, such as shifting the blame to the injured pedestrian. Take a closer look at how your attorney handles liability and what it means for safeguarding your rights following an accident.

Who Is Legally Responsible for a Pedestrian Accident in Kansas?

Determining legal responsibility for pedestrian accidents involves proving that someone acted negligently. Negligence claims include four key elements:

• Duty of care
• Breach of that duty
• Causation, or a link between the breach and the accident
• Losses, such as injuries or property damage.

According to Kansas pedestrian laws, drivers are required to exercise due care to avoid striking pedestrians. This broad law puts a significant amount of responsibility on drivers in pedestrian accidents. While pedestrians are still responsible for following walker laws and using marked crosswalks when available, drivers automatically have a duty of care to pedestrians when operating their vehicles.

A breach of that duty includes any action that puts pedestrians in danger. Failing to yield the right of way when a pedestrian control system has a “Walk” symbol or driving while distracted are a few examples. If a driver breaches their duty and injures a pedestrian, the incident may meet the criteria for causation and damages. However, proving negligence can still be challenging, which is why you need a skilled attorney in your corner.

The legal team at Palmer Law Group has the experience and knowledge to fight for your rights following a pedestrian accident. Our lawyers work diligently to gather evidence and support your claim for compensation.

Let the seasoned team at Palmer Law Group leverage our fierce negotiating skills and extensive courtroom experience to hold the other party accountable for your injuries, pain, and mental anguish. Call (785) 233-1836 to schedule a free consultation with us today.

What Factors Influence Who Is at Fault in a Pedestrian Accident?

Several different factors determine fault in a pedestrian accident in Kansas. The first step involves reviewing the actions of all associated parties, including the driver and pedestrian. When evaluating the driver’s behavior before, during, and immediately after the accident, key considerations include:

• Was the driver speeding?
• Were they distracted by their phone or some other stimulus?
• Did they exceed the posted speed limit?
• Did intoxication play a role in the crash?

The presence of any of these factors could point to negligence on the part of the driver.

There are also important questions about the pedestrian’s behavior that may be considered, such as:

• Did they have the right of way?
• Were they using a marked crosswalk?
• If the crosswalk was lit, did they have the appropriate signal?

Many pedestrian accident claims will also involve outside factors, such as weather, road or sidewalk conditions, and the time of day. For instance, if you are walking at night in a dimly lit area and are wearing dark clothing, the other party may try to shift some of the blame to you. Similarly, if the street lights weren’t working or the crosswalk was severely faded, the city that is responsible for maintaining transportation infrastructure may share in the fault.

How Is Liability Determined in a Pedestrian Accident Case?

Evidence and legal principles like comparative fault are typically used when determining fault in pedestrian accidents. During a pedestrian accident case, legal teams like Palmer Law Group often review police reports and talk to witnesses to establish liability.

However, if there are no witnesses or video evidence available, our legal team may rely primarily on your testimony and that of professional witnesses, such as accident reconstruction experts.

Can a Pedestrian Be Partially at Fault for a Pedestrian Accident?

Yes, a pedestrian can be partially at fault for their accident in Kansas. In many cases, the defendant will attempt to shift blame to you to minimize their liability and reduce the amount of compensation they are required to pay.

Fortunately, Kansas law pushes the odds in your favor and protects your right to pursue compensation in most cases. Pedestrian laws clearly state that drivers must exercise due care to avoid collisions with walkers.

Additionally, Kansas applies the comparative negligence rule to personal injury cases. According to this rule, you can still pursue compensation in an accident you contributed to as long as you are less than 50% at fault. Keep in mind the amount you receive will be reduced by the percentage of your fault. For instance, if you are found to be 30% at fault, your compensation will be decreased by 30%.

Can Multiple Parties Be Held Liable in a Pedestrian Accident?

Multiple parties can be held liable for your accident. If the driver acted negligently, they will likely be the primary at-fault party. However, the city or county responsible for maintaining transportation infrastructure could also be partly to blame for your accident.

For example, if the crosswalk lights were not working at a busy intersection and you were forced to cross without the support of a signal device, you may be able to seek compensation from the municipality where the accident occurred.

Have You Been Injured in a Pedestrian Accident? Call Palmer Law Group

If you’ve been hurt while walking in Kansas, Palmer Law Group may be able to help. Founded in January 1980, our firm has a long-standing track record of success in fighting for the rights and futures of injured clients throughout the Sunflower State. With the right team in your corner, you can secure both the justice you deserve and the compensation you need to move forward.

Palmer Law Group offers free consultations to all accident victims. Call (785) 233-1836 today to explore your legal options if you’ve been hurt in a pedestrian accident in Kansas.