As a pedestrian, you certainly know some of the dangers and pratfalls that can befall you. Being involved in an accident where a vehicle hits you is just one of many. Luckily, you should know that you may be entitled to damages that cover your medical bills – as well as possibly other issues – on behalf of the individual who caused the incident. Throughout the course of this brief guide, you will have a few common questions answered about the issue of liability in a car-pedestrian accident. If you have any more in-depth questions, it is highly recommended that you defer to a professional car accident attorney.
In What Cases Will The Driver Of The Vehicle Be Held Liable?
In almost every case in which a pedestrian is involved in a car accident, the driver of the vehicle will be held liable for the accident. This is due to the fact that the legal issue of "due care" is often invoked in personal injury cases where a vehicle and pedestrian are both involved. Due care, in this case, means that the driver is supposed to take a reasonable amount of care when operating his or her vehicle. All posted signage has to be obeyed and all proper car signals must be used correctly. All of these issues are the responsibility of the driver. If the laws of the road are even slightly violated, then the driver will be held responsible for the damages that he or she caused the pedestrian.
In What Cases Will The Pedestrian Be Held Liable?
In two words: not often. There are, however, a certain number of cases in which the pedestrian can be held liable the accident. Walking out from behind a parked car into the middle of the street without regard for posted signage or the visibility of the driver can, many times, lead to a court finding the onus of damages falling upon the pedestrian. Any sort of reckless behavior on the pedestrian's behalf, such as playing "chicken" with a car or being intoxicated and slamming one's body into a car that is stopped at posted signage, can both lead to the pedestrian being held liable for damages.
What Is Shared Fault Liability?
Shared fault liability is not an issue you will have to worry about in most states. Shared fault occurs when both parties are found liable, but one party is perhaps more liable than the other. The court will find that the difference of the percentage of liability will constitute the amount in damages owed. In other words, if a driver is found 60% liable, then he or she will only have to cover 60% of the pedestrian's damages.
Share27 May 2016
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!
