Many people are likely under the impression that if they are hit by a car while walking or jogging, they have an easy case for a lawsuit. However, contributory negligence in Cicero pedestrian accidents could make your case much more difficult. If you believe you might bear partial fault for your incident, speak with a skilled pedestrian accident attorney as soon as possible.

What is Contributory Negligence?

The concept of contributory negligence means that an injured pedestrian can still make a recovery even if they are partially at fault themselves. As long as the other driver is over 51 percent liable, then the pedestrian can still make a monetary recovery. Any negligence attributable to the pedestrian is referred to as contributory negligence. However, the law reduces the final amount of damages based on a pedestrian’s share of fault. For example, if the pedestrian was 10 percent at fault, any recoverable damages they receive will be reduced by 10 percent.

Sometimes, the pedestrian will be held partially responsible for failing to look out for their own safety. The law does not allow a person to simply disregard a speeding car, even if they have the right of way. Contributory negligence is an important factor in pedestrian accident claims in Cicero.

Distracted Drivers and Pedestrians

Distracted driving can happen at any point and it is not always as simple as listening to the radio or talking on a cell phone. If it can be proven that a motorist was distracted when an accident occurred, that makes it highly likely that they will bear the majority of fault.

Just as motor vehicles have a duty to avoid distractions, a pedestrian must pay attention to their surroundings as well. If a pedestrian is distracted, it is more likely that they fail to recognize the potential danger of traffic, and could be contributorily negligent. Both the pedestrian as well as the driver of the vehicle must maintain a proper lookout and avoid distractions.

How Do Crosswalks Impact Pedestrian Liability?

Where crosswalks are available, it is important that pedestrians use them to cross the street. While in the crosswalk, pedestrians generally have the right-of-way. Failure to use the crosswalk may prohibit any future recovery if a pedestrian is hit by a car. In some pedestrian accidents, there is a disagreement as to who may have had the right-of-way. In these situations, it typically comes down to one person’s word versus the other person’s word. If there are no witnesses or traffic cameras, it may prove difficult to make a financial recovery in these disputed cases. Even if the liability for the crash was close to even, contributory negligence could still make it difficult for a pedestrian to win damages in Cicero.

Different Liability in Pedestrian Cases vs. Car Crashes

In a case involving two motor vehicles, liability is often determined by examining the property damage, as well as the location of the vehicles after the collision. This will usually reveal which party was in the wrong. It is not as easy to do that with pedestrians, since rarely does the pedestrian cause physical damage to the car. In addition, after a person is struck, it is unlikely that they will remain in the same location where they landed, thus complicating the ability to recreate the accident.

Learn How Contributory Negligence Affects Your Cicero Pedestrian Crash Case

Even if you bear some fault for an accident, you might still be able to receive restitution from the defendant. Contributory negligence in Cicero pedestrian accidents can be difficult to understand, so you should not take on this task alone. Call now to speak with a lawyer who could counsel you about what you could recover.