If you have been involved in a pedestrian accident (regardless of whether you are the pedestrian or the driver), you may have a number of questions about liability and fault. Essentially, you want to know who could be held accountable and whether it will result in payment of medical expenses, pain and suffering, lost wages, and other costs associated with an accident.
Unfortunately, there are no simple answers to these questions. They depend on a number of factors, such as whether the driver (or the pedestrian) was intoxicated, whether the driver was speeding, whether the pedestrian was in a marked crosswalk, and whether any weather hazards contributed to the crash.
These factors are important because they help in establishing whether contributory negligence should be considered. Basically, an injured person’s recovery could be reduced by how much fault he or she contributed towards the accident. For example, a pedestrian who attempts to cross a busy street without using the crosswalk and is injured could see be viewed as being 25 percent liable for their injuries. If the injured pedestrian is awarded $10,000, it could be reduced to $7,500 based on their own negligence.
As such, the best way to answer questions of liability and fault is to conduct a detailed investigation so that the proper information can be found to clearly determine who was actually at fault. An investigation could mean the difference between a substantial judgment and a recovery.
So if you have been hit by a car, or if you have struck a pedestrian, contact an experienced personal injury attorney.
The preceding is not legal advice and is presented for informational purposes only.