Determining Fault in Pedestrian Accidents
Liability in a Pedestrian Accident
What Must Be Considered To Prove Negligence
When it comes to proving negligence in a pedestrian accident, there are many factors that must be considered. Often times, people believe that just because you are a pedestrian, you are automatically entitled to compensation without having to prove liability; however, that is not exactly how it works. There are many questions that will arise, including, is the driver 100% at fault, or partially at fault? It is important to consider the following factors that may have caused the pedestrian accident, such as:
- Over speeding
- Driving under the influence of drugs or alcohol
- Distracted driving
- Running a red light or stop sign
- Turning left without making sure it is clear of pedestrians
- Road conditions
- Weather conditions
- Walking in the crosswalk when you’re not supposed to
- Walking on the road
In order for a Los Angeles pedestrian accident attorney to establish who was in the wrong, your lawyer will need to determine these factors. A Pedestrian Accident Lawyer will conduct a thorough investigation, which includes accident reconstruction experts, witnesses, police reports, doctors, and more.
How To Prove Negligence
If you have fallen victim in a car vs. pedestrian accident, it is important that you seek a Los Angeles traffic accident attorney in order for you to receive the compensation and justice you deserve. As a pedestrian accident law firm Los Angeles can trust, we are trained in holding the at-fault party liable. For example, the driver was legally obligated to yield the right of way, which means the driver must operate the vehicle in a way that makes the road completely safe for pedestrians. This includes pedestrians that are within marked or unmarked crosswalks. If the driver breached the legal duty of care, he can be held liable. In addition, your pedestrian accident lawyer will need to prove the the breach of duty caused your injuries and damages that were sustained.
Looking at Both Parties in a Car vs. Pedestrian Accident
Here are some other factors that must be considered in order to determine liability in a car vs. pedestrian accident:
The Driver: Most times, the driver is held liable because drivers are usually driving recklessly, under the influence, distracted, or just completely careless when a pedestrian accident occurs.
The Pedestrian: A common misconception is that a pedestrian is always innocent; however, pedestrians are required to obey traffic laws, use crosswalks, and avoid walking in prohibited areas, such as a highway.
Other Factors: Other factors that may have caused the pedestrian accident, include poor weather conditions, bad road conditions, defective equipment, poorly maintained roads, etc.
When Both Parties Have Been Negligent
There are some cases in which both parties can be held liable in a pedestrian accident. For example, if a pedestrian was jaywalking and was hit by a driver who was texting and driving, they both can be held partially liable. In this type of case, it is called, pure comparative negligence. When it comes to pure comparative negligence, the pedestrian can still obtain partial compensation even if the pedestrian is held partially responsible for the accident.
How To Successfully Determine Fault In A Pedestrian Accident
In order for one to successfully determine fault in a pedestrian accident, you will need to hire a pedestrian accident lawyer that will help determine who is truly at fault. A pedestrian accident lawyer can fight for justice and compensation on behalf on the victims and their families, so they do not have to pay out-of-pocket for the damages that were caused by the pedestrian accident. Those who have fallen victim in a pedestrian accident are entitled to compensation for the following damages, which include:
- Lowered quality of life
- Pain and suffering
- Medical expenses
- Emotional trauma
No one should ever have to deal with the consequences of a pedestrian accident alone. It is so important that victims and their families know that there is an experienced accident attorney on their side that can help them obtain the justice and compensation they deserve for their losses. It is not easy to deal with the aftermath of an accident, nor is it as easy to determine who is at fault, which is why you should give us a call so we can help advise you through this difficult time. At Grey Law Firm, we offer free, no-obligation consultations. We know exactly what it takes to win and we are not afraid to step up to the plate on behalf of our clients. We will do whatever it takes to get the justice and full settlement that our clients deserve. Call us any time to speak to a Los Angeles Personal Injury Attorney.
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