Who is at Fault in a Motorcycle-Pedestrian Accident?

When a motorcycle collides with a pedestrian, the result is a motorcycle-pedestrian accident. Many people will “jaywalk” at least once in their lifetime. This is illegal and one of the riskiest ways to cross a street. Jaywalking happens all the time in every part of the world. Crosswalks and signals are there so they will keep pedestrians safe; drivers are also protected from hitting a person who decided to jaywalk.

A motorcycle hitting a pedestrian can end fatally to both sides. The pedestrian will get injuries from the impact of the bike, while the rider may be thrown off of their motorcycle upon hitting the person. Motorcyclists, just like pedestrians are exposed to high risk in accidents. Both sides can end up with head injuries, spinal cord injury, traumatic brain injury, and even death. 

If someone is killed in a motorcycle-pedestrian accident, the family of the killed pedestrian or motorcyclist can file a lawsuit for wrongful death and other damages. The best is to consult with Indianapolis wrongful death lawyer at Rowe & Hamilton before you start the process.

Who’s wrong in a Motorcycle-Pedestrian Accident

Determining who is at fault in such an accident requires a detailed accident investigation. Every evidence, statements from accident victims and witnesses, and the police report must be reviewed.

Such accidents are complicated for many reasons. The insurance adjusters often become involved. Insurance adjusters may be urging surviving victims or families to accept a quick and low claim. The insurance company employees will quickly assign fault according to their perspective and needs, before any further investigation.

Most people are convinced that a pedestrian cannot be liable when hit by a motorcycle. There are many cases where pedestrians are at fault for causing a motorcycle accident.

When the pedestrian is not entirely liable for a motorcycle losing control or hitting them, they may be partially at fault. Partial fault leads to reduced compensation for both of the victims and their injuries and damages.

There are motorcycle-pedestrian accidents where determining the liability is easy. This happens when a pedestrian is hit by a motorcycle when they were jaywalking, 

Other cases involve a pedestrian in the roadway, causing a motorcycle rider to lose control of the motorcycle and hit them. Also, in such cases, the motorcycle rider may hit another vehicle or an object in (or around) the road while trying to avoid hitting the pedestrian.

How To Determine Who Is at Fault 

Although it’s a popular belief, pedestrians aren’t always free of fault. A pedestrian has the duty to be careful when crossing the street or walking alongside the road. 

When a pedestrian walks in restricted areas or crosses traffic against protocol and safety signals, they can be found negligent in the resulting accident. They may be found entirely at fault or could be considered partially responsible.

The following questions may help in determining fault in a motorcycle-pedestrian accident:

  • Was the pedestrian violating laws (by jaywalking or not using designated crosswalks) and was the pedestrian distracted?
  • Was the motorcyclist driving at a high speed or in violation of traffic laws?

The fault can be shared between more than one negligent party, including in motorcycle-pedestrian accidents. If a pedestrian is 30% at fault in the motorcycle accident, they can collect 70% of the medical expenses, damage, lost wages, and other damages the victim suffered in the accident. 

Every accident is different so you can’t expect to collect the same claim as another person.

Do You Need an Attorney in Such an Accident?

If you were involved in a motorcycle-pedestrian accident, the best way to go through the process is to consult a motorcycle accident lawyer. You may not be at fault, or have a partial fault and not be aware of that. Your attorney will do their own investigation by collecting evidence, seeking surveillance camera footage (if any), talking to witnesses, and so on. 

Even if you have a partial fault in the accident, you still have the chance to collect a compensation claim for your injuries and damages.

Pedestrians and motorcyclists are always exposed to the highest risk of severe injuries. They don’t have anything to protect their bodies. Very often, these traffic participants end up fatally. 

If you were injured in such an accident, contact Rowe & Hamilton today. We have experience with many motorcycle accidents. We know that such cases are quite complex, but we’ll do our best to bring justice to you and help you get your deserved compensation. 

Our team is here to offer you the assistance you need. Schedule your first free consultation.

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