Who pays for pedestrian-induced accident damage

 Who pays for pedestrian-induced accident damage

Although the most common is that traffic accidents occur due to vehicles, there can also be an accident caused by a pedestrian. In these cases, the pedestrian is the main injured party and the person responsible for the accident. 

accident damage
 Who pays for pedestrian-induced accident damage


Although this may not seem like this, this situation is usually quite frequent in the road accident sector and occurs when a vehicle collides with a person walking and commits an offence causing a collision, such as crossing a road without using zebra steps or when the traffic light with the pedestrian symbol is red. 


When a pedestrian crashes into an accident, it is very important to determine whether the responsibility is the same or whether the driver is partially mistaken. To do this, it is necessary to check whether there is any kind of negligence in the movements of the victim, as well as whether the car is spinning according to the rules of the road. 


If it is established that the loss was caused by an exclusive error of passers-by, there is no doubt that the compensation he caused should be paid. 


Pedestrian compensation 

In the event of an accident caused by a pedestrian, be mindful not to use the same parameters to determine the level of their responsibility as in the case of the driver of the vehicle. The explanation lies in the fact that the car poses a potential threat to people's safety, so the degree of fault of pedestrians should be lower than the person driving behind the wheel. 


Therefore, in order for pedestrians to bear the corresponding compensation, the driver of the vehicle must be completely relieved of liability. This envelope occurs only when a pedestrian performs a work of this magnitude so that the collapse is a very likely result. Given the entity of his behavior, the user who was driving his car cannot be blamed. 


When an accident occurs in this way, both the driver and the insurance company are exempt from paying damages to pedestrians. Since the injuries are the result of infringement, he must bear all the costs of recovery. In addition, pedestrians are also obliged to compensate the driver for damage to his person and vehicle as a result of the run-over. 


Although the driver has mandatory civil liability insurance, it is usually already included in the vehicle insurance, but this does not apply because the only cause of the accident is the negligence of pedestrians who are run over. In accordance with the Royal Legislative Decree 8/2004, which approved the amended provision of the Civil Liability and Insurance Act in the trading of automobiles, Article 1 states: 


"The driver of the vehicle is responsible, by virtue of the risk caused by driving, for damage to persons or property as a result of movement. In the event of harm to persons, this liability will only be discharged when it is established that the damage was caused by the fault of the injured party or the force majeure outside the driving or operation of the vehicle;