QUESTION

Am I at fault if a pedestrian ran across the red light in the cross walk in the path of my car?

Asked on Oct 15th, 2012 on Personal Injury - Pennsylvania
More details to this question:
I was making a left turn on a green arrow when this pedestrian ran across a red light in the cross walk in the path of my car am I at fault?
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8 ANSWERS

Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
Fault is generally apportioned in the law. If the light was in fact red, and the pedestrian crossed, he or she will likely be apportioned a percentage of the fault.
Answered on Oct 18th, 2012 at 2:39 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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If the pedestrian truly darted out in front of you against the red light, such that you could not stop in time and avoid hitting the pedestrian, much if not all of the blame should be put on the pedestrian. There might be a tiny bit of comparative negligence placed on you for not stopping and failure to keep an eye out for pedestrians. A lot depends on accident reconstruction.
Answered on Oct 17th, 2012 at 2:59 PM

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Debt Collection Attorney serving Fresno, CA at Nunes Law, Inc.
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California law does not use an "all or nothing" approach to fault, or what lawyers call liability. In California fault is on a sliding scale, often referred to as comparative negligence. The answer to your question on how to divide fault between the parties will depend on more facts that what you have provided in your post. I suggest you turn this over to your automobile liability insurance company.
Answered on Oct 16th, 2012 at 4:17 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Maybe. You have to keep your car under control at all times and see what there is to be seen. Sounds like the lady who ran in front might be negligent too and if so she could not collect. If the light is red for you and she is in the crosswalk isn't that where she is supposed to be? What have I missed here?
Answered on Oct 16th, 2012 at 4:17 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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To some degree, probably. We have "comparative negligence" in Florida, so no one person has to be 100% at fault. If she was in the cross walk crossing against the light, she would probably be found to be at fault by the vast majority, but I can certainly see a jury putting some small percentage of fault on you, as well.
Answered on Oct 16th, 2012 at 4:17 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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No, as long as you did everything you could to avoid the accident.
Answered on Oct 16th, 2012 at 4:17 PM

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Personal Injury Attorney serving North Wales, PA
4 Awards
If you can stop then you always must try to do so to avoid a collision, but if the impact was sudden and unavoidable then the pedestrian should be at fault. It may also be that a jury could determine you were both at fault and apportion the fault.
Answered on Oct 16th, 2012 at 4:16 PM

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Ronald A. Steinberg
Well, it sort of depends. If you are in a residential neighborhood, and a child runs out in front of your car, you may be at fault if you could have seen the child before he/she reached the street. With an adult the rules are a bit more in your favor, because adults can be held responsible for their own actions. Along a public road (not in a residential neighborhood), it would seem to depend on whether or not you could see the pedestrian and could reasonably determine if he/she was going to enter the roadway. If a person is standing there, and then as you get to the spot, the pedestrian suddenly darts out, then you probably would not be at fault. What makes is confusing is that you need a license to drive, which means that you are obligated to obey the rules of the road. A pedestrian does not need a license to walk. The only law I can think that would apply would be the one that prevents someone from "interfering with traffic."
Answered on Oct 16th, 2012 at 4:16 PM

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