Are cars always held liable in Washington, D.C. and Virginia pedestrian accidents?

We, as drivers, often hear that pedestrians always have the right of way on streets, in intersections, and in parking lots. While this makes sense, especially being that cars are heavy machines that travel at high speeds, it is not completely true. If a pedestrian is struck by a car, the driver may not always be found 100% liable, even if the pedestrian is killed.

You may be wondering how this is possible, and these types of cases can become very complicated. What law enforcement officials, lawyers, and insurance agents will be looking for is if both the driver and pedestrian were following regulations and laws completely. There are two primary reasons why a driver will not face full responsibility for a pedestrian’s injuries in a Virginia, D.C., or Maryland pedestrian accident:

  • The pedestrian entered a traffic movement area negligently: If the driver is following all rules and regulations to the letter, and a pedestrian enters the road or traffic area in a grossly negligent manner, the driver will not be liable for the pedestrian’s injuries.
  • The pedestrian entered a traffic movement area negligently, but the driver was also distracted or speeding: If a pedestrian enters a road negligently, but the driver was speeding, talking on the phone, or otherwise distracted, both parties may share the blame for the pedestrian’s injuries.

No matter who is to blame, if you are involved in a pedestrian accident, the first thing you should do is seek medical attention for any injured people. Just like any other accident, document what happened immediately so that you do not forget any details, and get the contact information of any witnesses.

If you have been involved in an accident as either a pedestrian or driver, contact the Maryland, Virginia, and Washington, D.C. pedestrian accident attorneys at 202.296.0666 for a free consultation today.

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