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Liability for pedestrians on the interstate highway

In a usual car accident involving a pedestrian, the law tends to side with the pedestrian since they have less ability to cause damage and are more likely to be hurt. However, when there is a car accident involving a pedestrian that takes place on an interstate highway, things become a little more complicated. This is because pedestrians have a duty to take reasonable precautions for their safety, and they have somewhat failed in this if they are on the interstate highway.

This blog will provide a brief overview into the law when it comes to pedestrian incidents on the interstate highway, and how liability is usually determined.

What was the reason for the pedestrian on the highway?

Pedestrians being involved in accidents on the highway are surprisingly common and account for over 10 percent of all pedestrian deaths. This is mostly because of the extremely high speeds that occur on such roads. A common reason for pedestrians to do this includes the attempt to cross the highway, even though it is extremely dangerous. Other reasons include attending to faulty vehicles, walking on the shoulder or being involved in a crash.

Calculating liability

Although it is generally considered negligent for a pedestrian to be on the interstate highway, there are situations when pedestrians are entitled to a legal claim. This might be because there was a driver that acted in gross negligence or did not fulfill his or her duty in exercising reasonable care. In this case, a pedestrian may be able to make a claim for any injuries incurred.

Source: FindLaw, "Pedestrian Accidents on Interstate Highways," accessed Sep. 08, 2017

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