There is a long-held adage that “the pedestrian has the right of way.” There is a good deal of truth to this concept, although there are instances in which whether or not a pedestrian had the right of way in the event of an accident is not entirely clear. With this in mind, there are a number of factors to bear in mind when determining who is at fault for a pedestrian accident in Tulsa.
The Modified Comparative Negligence Standard in Oklahoma
A pedestrian accident that occurs in Tulsa is subject to what is known as the Oklahoma modified comparative negligence standard, according to the Oklahoma Insurance Department. What this means is that the conduct of the parties of an accident, in this case, a motorcar driver and a pedestrian, are both taking into consideration.
A determination of the percentage to which each party is at fault is taken into consideration. Provided that the pedestrian seeking compensation for injuries, damages, and losses is deemed to be less than 50% at fault, he or she can recover compensation. However, compensation will be offset based upon the percentage a pedestrian is deemed to be at fault for causing an accident.
Pedestrian in a Crosswalk Versus Jaywalking
One of the most significant distinctions, when it comes to allocating fault in a pedestrian accident, is whether the pedestrian was appropriately in a crosswalk or whether the individual was jaywalking at the time of the accident. As a general consideration, a pedestrian injured by a motor vehicle in a crosswalk is likely to be deemed less than 50% at fault, and usually substantially so.
On the other hand, if a pedestrian is jaywalking across a roadway, a possibility exists that the individual will be deemed to be more than 50% at fault. In that scenario, a pedestrian would lack the legal ability to obtain compensation.
If you’ve been injured as a pedestrian, you need to take a proactive approach to protect your legal rights. The first step in that regard is to schedule a consultation with an experienced, tenacious attorney at Wandres Law.
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