Is the Pedestrian Always Right?
Clients often ask: Is the pedestrian always right? In other words, if a motor vehicle hits a pedestrian, is the motor vehicle always going to be at fault? The answer is no.
There are different scenarios to consider. Was the pedestrian in the crosswalk? Was the motor vehicle speeding? Was the pedestrian riding a bicycle on the crosswalk? Which way was the vehicle turning? All of these questions need to be answered before a liability decision can be made. There is no clear rule that says a pedestrian hit by a motor vehicle is never at fault.