Liability In A Car And Pedestrian Accident: A FAQ
If you were the pedestrian in a car and pedestrian related accident, chances are, the law will be on your side if you decide to file a personal injury suit. However, there are a number of things you should know about before you decide to hire the services of a personal injury attorney. Throughout the course of this brief guide, a few commonly asked questions about establishing liability in such cases will be answered.
When Will A Driver Be Found Liable?
As a short answer to this question: in almost every case in which a car was involved with hitting a pedestrian, the driver of the vehicle will be held liable. The liability of the driver in these cases is almost always established by the legal term, "responsibility of due care," which is often simply shortened to "due care." While behind the wheel of a vehicle, it is the responsibility of the driver to exercise a reasonable amount of care, which means following the federal, state, and municipal laws of the road and paying attention to all posted signage. If a road law has been found to be violated, even ever so slightly, then most of the time a driver will be found liable in an accident wherein a pedestrian was injured.
Is A Pedestrian Ever Held Liable For Damages?
Not often. However, there are a few cases in which a pedestrian, not following his or her own posted signage, can be held liable. For example, if a pedestrian walks out into the middle of a street from behind a parked vehicle, he or she can be found liable for damages if he or she comes into contact with a car. Similarly, if a pedestrian is acting recklessly by purposely jumping out in front of vehicles, then he or she can be held liable for damages if the pedestrian in question causes damage to the vehicle.
What Is Shared Fault Liability?
Although this legal phenomenon does not exist in all states, there are some states in which both the driver of the vehicle and the pedestrian in question can be considered comparatively at fault. This usually happens when it is established that both parties were acting erratically. In these cases, a certain percentage of fault is assigned, and whoever is found to be statistically "more" at fault, will wind up paying damages to the tune of the percentage assigned. For example, if one party is found to be 60% at fault, and another party 40%, the party responsible for 60% of the damages will be held liable for 60% of the damages to the other party, while the secondary party must pay the remaining balance out of pocket. Contact a business, such as Reed Law, for more information.