Establishing Liability in a Pedestrian Accident

Pedestrian accidents occur more than ever these days.

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“I think the first duty of society is justice.” – Alexander Hamilton

When we first get our New Mexico driver’s license, we are taught that at all time, the pedestrian has the right-of-way. The same goes for those on skateboards or rollerblades.

In reality, pedestrian accidents are much more complex. Every year, more than 80,000 people are involved in pedestrian accidents, many of which are deadly, according to the National Highway Traffic Safety Administration, but is the driver always at fault?

Who is at fault?

A court may find the driver to be completely at fault, in which case he or she would be required to pay damages. However, it is possible for a pedestrian to be partially at fault. In New Mexico, this means you can share liability in an accident.

Duty of Care

Duty of care means that the driver must exercise care and caution when approaching areas where pedestrians may be crossing. Sight of vision is important here—that means you are expected to see the driver and the driver is expected to see you.

If any one of you is found to not be exercising duty of care, you could be found negligent and responsible for damages in the accident.

Am I responsible?

Who is responsible in a pedestrian accident relies on countless factors specific to each unique case.

For example, you have a better case if you were hit in a crosswalk than crossing the street in other areas. But if you were hit while the crosswalk signal indicates “no crossing” or were jaywalking, you could be found partially or completely negligent in the accident.

Were you injured in a pedestrian accident? Rachel Berenson & Associates is a New Mexico personal injury law firm that represents individuals injured in pedestrian accidents.

Contact us at 505-243-4400 to set up a free consultation with one of our pedestrian accident lawyers.