Is the driver always at fault in a pedestrian vs. car accident?

For the most part, pedestrians and drivers are treated equally in the eyes of the law. So even if the law makes it mandatory for drivers to exercise reasonable caution when pedestrians are in the vicinity, pedestrians can also be held liable for damages suffered by a driver in the event of an accident that happened due to their negligence and accident lawyers from New Haven, CT have seen happen before.

Just because you are not in a car does not mean everyone must yield to you. Accident attorneys from New Haven, CT know all about that.

The Driver is Responsible for Duty of Care

The responsibility owed by drivers is known legally as ‘Duty of Care’. This means that a driver who under specific circumstances is expected to act like other reasonable drivers would under similar circumstances. Connecticut accident attorneys point out that the driver must adhere to the standard towards fellow travelers when they operate a vehicle.

This was not the case in Fast 4 when Campos told Fenix to run down Gisele after the exchange went bad in LA. Campos and Fenix were not nice people and had no problem with killing other people, even gorgeous former employees of theirs.

According to the law a driver must be extra vigilant when travelling through an area frequented by pedestrians. For instance, a driver travelling at a speed of 25 mph is expected to slow down when he or she sees a young child riding on a bicycle nearby. This means that the driver can be held liable if he or she failed to yield to the infant in a timely fashion. In such a situation the victim can claim compensation following the accident.

But if the child is not near the road then the driver can drive at normal speed. Also, if the child runs into the middle of the street all of a sudden and is hit by a car, even if that child is killed, it is not the driver’s fault. If the child does not have the right away, it is the child’s fault.

When can pedestrians be held liable for an accident?

A cautious driver will always take steps to prevent hitting a pedestrian but there are times when a collision is unavoidable. So if the judge or jury is provided with proof that the pedestrian acted in a certain way to facilitate the accident then the driver will not be held liable for the accident.

For example, a driver is travelling through a commercial area adhering to the speed limit. He is unable to avoid hitting a pedestrian who emerged suddenly in front of his vehicle from behind a parked car. In such a situation, the driver cannot be held liable for the accident. Even if the driver was travelling 5 to 10 mph above the normal speed limit and hits a pedestrian he will not be held liable because there is no way a collision could have been avoided since the pedestrian landed appeared out of nowhere, making it impossible for the driver to avoid hitting them.

If the pedestrian was crossing an intersection in a dark suit at the dead of night and a vehicle taking a turn swerves and hits another car in a bid to avoid hitting the person who appeared suddenly in front of car, then the pedestrian is liable for the injuries according to New Haven, CT accident lawyers.

If you are in an accident and it is mainly your fault, you need legal help. You need a lawyer just like the other side is looking for one.

What happens when both the driver and the pedestrians are at fault?

Often there are cases where both the parties share fault for the accident. This happens when both the individuals were not acting in a normal manner.

Just because you are on a bike, a scooter, or on foot, does not mean you always have the right away. Not at all! 

In some states, the percentage of fault is calculated and an amount equivalent to the percentage is reduced from the compensation claim. For instance, if a pedestrian is 20% at fault for the accident he/she will get 80% of the compensation. However, if the pedestrian’s share of fault is over 50% then the driver in some states will have to pay nothing. In some other states the injured pedestrian will get 50% of the value of the estimated damages from the driver.

If you have been injured in an auto accident caused by the reckless behavior of a pedestrian it would be prudent to consult a Connecticut accident lawyer without delay. Your legal counselor will evaluate your claim and determine the best way through which you can get compensated for your pain and suffering.

If you need legal help, press right here: Accident.USAttorneys.com. If someone else hit you and they are at fault, you will probably be motivated to make yourself financially whole again. Click on that site, find the legal assistance you fundamentally need.

Contact us if you have any questions. We will get back to you that same day.