To cut to the chase, in most cases, yes!
The driver is liable for the damages as a result of a pedestrian vs car accident.
However, that is not always the case. Auto laws and traffic laws in all states
mandate that anyone operating a motor vehicle exercise further safety
precautions in the presence of a pedestrian or where the driver can anticipate
reasonably that pedestrians would be present say fabulous accident lawyers in New
Haven, CT.
In some comparatively rarer cases, the
liability may be the other way around where the pedestrian is liable for the
accident and not the driver. Let us take a closer look at the laws governing
pedestrian vs motor vehicles. Auto or traffic laws may vary from state to state
so to get an accurate idea of your claim, the best thing to do would be to
consult a legal counselor in your state.
Duty
of care
Anybody operating a motor vehicle is
expected to abide by the duty of care. What is this duty? Essentially, it is
simply to drive with consideration for the safety of other drivers, cyclists,
pedestrians, road workers, or anyone else that may be using public roadways,
point out Connecticut accident attorneys.
Now if someone jumps out in front of you
that is another story. The Exorcism of Emily Rose was a terrific but a horrific
movie but there was one scene that was pretty ridiculous. It was when the
doctor was ran over. What are the chances of a car hitting him at that same
point in time? Pretty slim. Hollywood has a tendency to make those mistakes,
they always have someone getting ran over. The car always hits the person
square on. This doctor in this scene, he did not even look both ways, or any
way, before he crossed. Ridiculous scenes like this hurt the movie.
Now if someone steps in front of your
car and you have the right away, it is the pedestrian’s fault. They were the
ones negligent as was the case in this frightening and realistic movie.
To determine if or not the duty of care
was met in the case in question, the court will compare the driver’s actions to
those of a hypothetical normal, prudent, diligent, and reasonable driver. If
the suspect in question does not meet these standards then he or she is said to
have violated the duty of care.
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| If you driving in a distracted manner, you may need an accident lawyer in New Haven, CT. |
Driving recklessly, not maintaining
traffic lane, running a red light, speeding, not keeping a vigilant lookout,
etc. are all examples of ways in which a driver may have violated the duty of
care say New Haven, CT accident lawyers. This plays a major role in determining
compensation in an accident claim.
When
is a pedestrian responsible for a car accident?
No matter how safely or diligently you
drive, sometimes a collision with a pedestrian is inevitable, especially when
the pedestrian acts in a way which is dangerous, reckless, unsafe, and does not
give the driver enough time to react or stop. In such cases, it can be the
pedestrian who is held responsible for the accident and its damages as was the
case in The Exorcism of Emily Rose but when the doctor was hit it was sort of a
strange scene.
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To give you an example, let us assume
that a person is driving lawfully and within the speed limits next to the car
park lane and a pedestrian, out of nowhere, runs out into the driver’s path
from behind a parked car. The driver presses the breaks but there is not enough
time or space to stop and the car hits the pedestrian. Obviously, it would be
grossly unfair to hold the driver responsible for this accident.
In fact, the pedestrian is liable for
what happened because he or she also has the duty to look out before crossing
the street.
If
you are the victim of a car accident and wish to be compensated for all your
pain and suffering, make that phone call to a accident lawyer in
Connecticut really soon to make sure your rights are protected.
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