Who Is At Fault In A Motorcycle-Pedestrian Accident?
Michael Babboni
Law
Motorcycles and pedestrians may be two of the smallest variables on the road compared to cars and trucks, but they can still get into an accident with each other. Whether it is a collision, a hit and run, or swerving, you’ll find out that the road is never too wide for a motorcycle-pedestrian accident to be impossible.When an accident happens, often times people immediately think that the vehicle is at fault. In this, motorcycles are found to be the main cause of the accident. However, there are many factors to consider such as the place where the accident took place and what traffic rules were violated. To help you properly assess the situation, here are some things to look into.
When Is A Pedestrian At Fault?
• Jaywalking - There are designated areas and locations where people are allowed to pass or cross the street. When pedestrians try to get to the other side of the road without using the assigned crosswalk, this can be considered as jaywalking.
Violating this law basically means that pedestrians are passing where they are not supposed to be walking, like busy roads and highways. Whether or not they crossed the street, if people decided to walk on the road instead of on the sidewalk, this can be also considered as jaywalking. When pedestrians get hit by a motorcycle while jaywalking, they can be found at fault for the accident.
• Suddenly Running Towards The Highway- There are many reasons why people would suddenly run towards a road full of speeding vehicles. They may be in a rush or are chasing someone or something. Whatever the reason may be, their presence on the highway is unexpected and it does not give cars and motorcycles enough time to swerve or stop.
• Crossing When The Red Light Is On - There will always be those who would willingly violate traffic rules. Some choose to rush the other side as soon as the road is clear even if the light is still red, thinking that the oncoming vehicles are still far away enough.
Motorcycles are smaller than ordinary cars, making it hard to decipher their distance and speed. This miscalculation can lead to a nasty accident between motorcycles and pedestrians who would suddenly cross the road.
When Is A Motorcycle Driver At Fault?
• Speeding - Driving too fast is one of the common causes of many motorcycle accidents. Their size lets them enjoy speed, but it also comes with dangers. Speeding can make them unable to have full control of the vehicle and when a pedestrian comes into view, they cannot avoid or stop on time.
• Driving Under The Influence - Drunk driving is a big no-no for all drivers, and even if their vehicles are relatively small compared to others, motorcycle drivers are no exception. Motorcycles can easily lose their balance when drivers are in poor control of their vehicle.
In addition, they can also keep on switching lanes, swerving, and driving recklessly when they are drunk. When a pedestrian gets hit due to their recklessness, they are without a doubt at fault for what happened.
Investigations are done after a motorcycle-pedestrian accident. No matter which side you find yourself in, contacting a motorcycle attorney can help you with your next best steps in dealing with the situation.