Can A Pedestrian Be At Fault For A Car Accident?
It is natural to blame the driver in a collision between a car and a pedestrian. However, an irresponsible pedestrian who walks into the road can make it impossible for a driver to escape an accident. As a result, the vehicle may collide with the pedestrian, deviate off the road, or collide with another driver in another vehicle.
Several things could happen if a pedestrian triggered an automobile accident. First, the pedestrian may be liable for the motorist’s damages, and the driver must hire a pedestrian accident lawyer to recover these damages. These include medical bills, missed pay, pain, suffering, and vehicle property damage. Even if the pedestrian is wounded, they may be held accountable for the driver’s damages. Learn more today by talking to a lawyer from Youd Law.
Proving liability in a pedestrian accident
After a pedestrian accident, it may be difficult to prove that the driver was not at fault. To establish liability, a pedestrian accident attorney may need to gather evidence of how the pedestrian was liable for the accident. In a pedestrian accident case, evidence may include the following:
Photos or video footage
In cities, crosswalks are frequently equipped with surveillance cameras. Cameras can aid in determining what happened and who was responsible for an accident. Additionally, any photographs or videos taken at the accident scene may be used as evidence.
Eyewitnesses can be extremely useful in a driver’s case. Witnesses on the scene may provide written or oral testimony indicating the pedestrian was at fault and that the driver could not have prevented hitting them or being involved in an accident. The driver should try to obtain contact information from witnesses if possible.
Following an accident, proving pedestrian carelessness or careless conduct might be difficult. Accident reconstruction experts are sometimes hired by pedestrian accident attorneys of the defendants in such cases to testify in their client’s defense.
Comparative negligence in pedestrian accidents
The driver may have some of the blame for the collision. A pedestrian, for example, may have been jaywalking. Yet, the driver could have been fast or distracted by their phone and missed the pedestrian. When both parties are at fault, the pedestrian and the driver may file a comparative negligence lawsuit.
Recoverable damages in an accident caused by a pedestrian
Like everyone else in a personal injury action, victims have the right to seek economic and non-economic damages. However, the worth of a claim depends on many different factors. Speak to an experienced lawyer today and determine the value of your claim based on the facts of your case.