Determining who is at fault in case of an accident is important when you file a lawsuit for claiming money for the losses caused by the accident. Finding who is responsible for an accident may take a considerable amount of time as it requires enough statements and evidence from both parties involved in the accident. If you are involved in such an incident, it is better to consult a motorcycle accident attorney to determine who is liable for the accident.
When a motorcycle hit a pedestrian, it can result in some serious injuries for both parties. Some life-altering injuries can occur to the pedestrian as a result of the hit, and the motorcyclist can be thrown off the bike from the impact of the accident causing some serious damages too. Therefore, it will be a catastrophic effect for both parties.
While pedestrians can claim that they have the “right of way”, they should also ensure reasonable care while using the road. It makes them equally responsible to keep the road safe. If an accident was caused by a pedestrian, when he crossed the traffic against safety signals and rules, or when walking through a restricted area, then the pedestrian can be held responsible for the accident, as he showed negligence by doing so. Therefore, if the reason for the accident is the pedestrian’s carelessness, then he can be wholly or partially be at fault for the accident.
There are some important questions that have to be answered before determining who is at fault for a motorcycle-pedestrian accident:
- Did the motorcyclist violate any traffic rules or regulations?
- Did the pedestrian acted carelessly or was distracted or violated traffic laws, such as not using crosswalks?
If both are true, then this can be considered as comparative negligence, where both parties share the fault for the accident.
If both parties involved in an accident have shared fault then it is known as comparative negligence. In California, you will get compensation even you are partially at fault for an accident. Consider that an accident is caused when a motorcyclist took a wrong turn and the pedestrian was carelessly crossing the road. Then this can be considered as a case with comparative negligence.
In this case, the court will determine the percentage of fault that each party carries. The injured can recover money for the damages based on what is remaining for the percentage of shared fault. For example, if the pedestrian is at 20% fault, then he can recover 80% of the damages and injuries incurred to him by the accident, and vice-versa. A motorcycle collision attorney can help you to determine the percentage of fault you share and the money you can claim.