I crossed the street against the light and was hit – am I completely at fault?

  • Not necessarily.  If the driver failed to keep a proper lookout for pedestrians, the driver could share the blame.

In Murdoch v. Biggers the pedestrian ran across the street against a red light.  The first two lanes of traffic were able to stop for her.  She made eye contact with the driver in the third lane, and thought that driver was stopped for her.  However, that driver was still in the process of stopping, and hit the pedestrian.

The judge said that the pedestrian was at fault for disobeying the red light and “don’t walk” sign.  She was reckless in leaving a place of safety (a traffic island) and running into traffic.  The driver was at fault for failing to keep a proper lookout.  She did not see the pedestrian enter the roadway or see that the cars in the two lanes to her left had stopped for the pedestrian.  The judge decided that if she had kept a proper lookout she would have seen the pedestrian in time to stop for her.

The pedestrian was 75% at fault and the driver 25% at fault.

Pedestrian cases can be difficult, but we can help.  Contact us.

Read the case:  Murdoch v. Biggers

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