Who Is At Fault When A Motorcycle Hits A Pedestrian?

by Kristen White Blogger Statistics show that a great percentage of motorcycle-pedestrian accidents occur when pedestrians are jaywalking, running, or being in an intersection. When this happens, it leaves both the pedestrian and the motorcyclist with serious injuries, some even lose their lives. If you have suffered injuries because you hit a pedestrian, you may have a claim. A pedestrian has a duty to follow traffic rules just like any other person using the roads.

Motorcycle Accidents Involving Pedestrian

Pedestrians hit by a motorcycle may be barred from getting compensation if they never observed traffic rules. As a motorist, getting fair compensation in such a situation requires one to be represented by the  best accident attorney in Alaska. Motorcycle -pedestrian accidents can be prevented if everyone followed traffic rules. When these rules are not adhered to, fatalities happen. Such situations become less clear to determine who would be at fault. Again, when pedestrians walk in restricted areas, they pose a danger to cars and motorists who may not be aware of their presence on roads or highways.

If you have been involved in a motorcycle-pedestrian accident, you can look for the best accident attorney in Alaska to get legal advice on how to recover from injuries or property damage suffered.

How To Determine Fault When A Motorcycle Hits A Pedestrian

Sometimes, it’s clear who is at fault for hitting a pedestrian. For instance, a motorist may have failed to stop at a designated pedestrian crosswalk. From a legal standpoint, the motorist would be held liable. It’s always easy to think that a motorist is at fault for the accident. But this is not always the case. A pedestrian could also be held liable for causing the accident. If you hit a pedestrian and you are sure you are not to blame, the best way you can protect your rights is to contact Alaska motorcycle accident lawyer who can evaluate your case to determine fault. For you to get compensated for your property damages or injuries, you have to prove that:

• The pedestrian was jaywalking.
• He/she violated the traffic rules: For instance, you can prove that the pedestrian was using the highway or road where no pedestrians are allowed.

 In some situations, the pedestrian can be partly at fault. Meaning, as the motorist, you will have to use pure comparative negligence when seeking compensation. Every person is obligated by law to exercise a reasonable level of care in any given circumstance. Thus, if a motorcycle or pedestrian fails to exercise the duty of care, they become liable. If you could not avoid hitting a jaywalking pedestrian and got involved in an accident, it would be good to contact the Alaska motorcycle accident lawyer who can establish fault.

Seeking Compensation

A thorough investigation must be conducted for a motorcyclist to be compensated. Remember that a motorist must fight against the public popular belief that pedestrians cannot be at fault. If it’s determined that the pedestrian was fully at fault, you will be compensated. If the fault was shared, both parties get reduced compensation for their injuries.

A pedestrian could be jaywalking, which led you to lose control, and you ended up hitting them. To get compensated, you will need the right evidence. Whether you are partly to blame, you will still get compensated depending on the percentage of your fault. Recovering compensation for your injuries or damages can be made easier if you choose to talk to an experienced motorcycle accident lawyer.

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Created on Jan 28th 2021 22:05. Viewed 183 times.

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