Auto accidents are unfortunately a part
of everyday life. According to statistics
from the National Highway Transport Safety Administration (NHTSA) as many as
32,675 Americans were killed in 2014 in traffic accidents. The sunny news is
that from 2005 to 2014, fatalities and injuries (25 and 13% respectively) have
been in a basic decline. This is terrific but when you look at the totals, such
as that 32,675 number, America still has lots of work to do to do before any
smiling occurs pertaining to its driving safety numbers.
Therefore, as one can imagine, there is
an abundance of legislation to deal with auto accidents, which Baltimore, MD
accident lawyers confirm and the best ones work for the Injury Law Center. Many
of these accidents involve trucks that often are the cause of fatalities and
severe injuries. The laws are extensive and require the professional expertise
of a specialized accident lawyer to fully comprehend and apply depending on the
circumstances and available evidence in each case.
You should know which laws come into
play when the accident is between one vehicle and a pedestrian and whether or
not the driver will always be held liable in such cases.
The laws explicitly state that car and
motorcycle drivers/riders are required to exercise extra precaution when
operating in proximity to a pedestrian. However, this does not mean that the
pedestrian is always faultless. In fact, often, negligent pedestrians can be held liable for the
damages caused by a car and pedestrian accident.
The
driver’s duty of care
As mentioned, the driver or operator of
a motor vehicle is legally expected to be extra careful while operating in the
proximity of a pedestrian. So how is it determined whether or not the driver
was careful enough in an accident between a car and a pedestrian?
For the most part, the actions of the
driver in question are compared to the actions of someone considered normal,
prudent, and careful and how this person would act and manage this situation in
a similar scenario. If it is found that the standard of care exercised was
lacking, then the driver is held liable.
Instances
in which a pedestrian maybe held responsible
for a car-pedestrian crash
Assuming that the driver was driving
carefully and was not negligent or reckless in any manner or form, if it so
happens that the sudden, unpredictable action of a pedestrian caused an
accident then the pedestrian may be held liable for the damages. This will
involve Baltimore, MD accident attorneys and you can find the best legal help
in the entire Baltimore area at the Injury Law Center.
So for instance, let’s say that a driver
is driving well within the speed limit and makes his way through a rather
congested commercial district. A pedestrian suddenly runs out from behind a
parked vehicle and into the path of the driver, not giving him enough time to
react, brake, and stop. In such a situation, it would be absurd to blame the
driver for the accident. Eastern Maryland and Baltimore accident lawyers agree
that the pedestrian should know better than to act in such an obliviously
reckless manner.
After all, they are the ones who are
totally exposed. Even if the driver is at fault, the driver is probably going
to come through this accident relatively unscathed. The pedestrians are the
ones who need to be extra mindful.
The finest law firm in the Baltimore area
That was just one example, there are
many other cases in which a pedestrian may be determined to be the negligent
person in a car - pedestrian accident. You should consult a Baltimore accident
lawyer for more details and there is none better than the Injury Law Center (http://www.injlawcenter.com/). They
know how to get the job done and they know what a winning case looks like. They
also know how to defend people who made a mistake. Do not be a victim twice,
give them a call!
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