The Highway Code is clear: All citizens have their share of responsibility to keep the balance traffic. But out of the pages of the Highway Code, drivers are always mentioned as the great villains in traffic, since they put their own lives and other’s lives at risk due to abuse and irresponsible behavior. But what to do when it is the pedestrian who commits irregularities in traffic?
As far as drivers, pedestrians are also likely to be penalized for abusive and irresponsible behavior in traffic. Walking on public roads requires a set of care: you cannot cross the road in an irresponsible way. You should look for a crosswalk signposted and preferably even in the crosswalk; you should carefully look at the driver, see if the driver actually saw you and then you can safely cross the road.
Contrary to what many people think the rules are not exclusive to drivers. Pedestrians must also respect the rules. According to the Highway Code people must cross the road on the crosswalk.
Considering the current legislation, pedestrians who insist on putting lives at risk by crossing under the walkway outside the crosswalk, walking in the street or walking in the bus lane, can be seen as suicidal as they are aware of the danger and yet, they are walking in unsafe places. And when the driver is aware of the traffic laws, they can even take a legal action against the offender pedestrian considering that the pedestrian is creating danger with intent to harm the driver legally.
So it is possible to sue a pedestrian for damages in a car, due to an accident. So the driver can process a pedestrian, but the driver must show that the person was negligent. Theoretically, the driver has the right to sue the pedestrian for recovering the damage caused.
Pedestrians also have a duty to be careful when they are involved with the other elements of the road, and they have to be sure they will not put others at risk. Being proven that the accidents took place exclusively due to pedestrian fault, the pedestrian will be considered the responsible for the accident. And, finally the pedestrian will have to pay a compensation for the damage sustained to the vehicle.
There are two concepts to consider: the comparative and the contributory negligence.
With regard to contributory negligence theory, the pedestrian is prohibited to repair any damage caused. The theory of comparative negligence puts the blame between the two parties, whereas the neglect existed between everyone who was involved.
The conclusion is that most of the accidents in traffic are the result of human irresponsibility and also due to reckless people who don’t assume the consequences of their actions.
If you or a loved one has suffered damage due to a pedestrian ignoring the law, call Jaime Alvarado & Associates, PLLC at 915.852.0500 to discuss your personal injury options.