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If a Car Hits a Pedestrian Who is at Fault?

Pedestrian accident settlements can be complicated affairs, especially when it is not entirely clear who is at fault for the accident. Was the pedestrian jaywalking? Was the driver or the pedestrian intoxicated? Were any of the parties involved distracted at the time of the accident? Perhaps they were texting or interacting with their phone, or the driver of the car was dealing with one of the many common causes of distracted driving.

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Do Pedestrians Have the Right of Way When Jaywalking?

Whenever there’s a traffic accident between a pedestrian and a vehicle, the pedestrian will almost always be the one that is most at risk of serious injury or death. Because of this, it’s common to assume that the driver of the vehicle is always at fault for the accident, but this isn’t always the case - especially if the pedestrian was jaywalking or violating some other traffic rule.

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