In a car-pedestrian accident, it is the pedestrian who ends up with the most injuries than the driver. Even if the driver is always regarded as the one at fault, this is not always the case. In some instances, the pedestrian is fully or partially liable. There is the need to determine who is at fault in this case and what will happen if both the car driver and pedestrian are at fault. In this article, you will learn about how fault is determined in a car-pedestrian accident, at what happens when one party is at fault. If you are in this situation, it is always advisable to seek help from a Dallas car accident attorney to know the way forward.
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Who is at Fault in a Car-Pedestrian Accident?
When an accident happens between a car and a pedestrian, the first legal step is to consider liability. In this case, the person at fault will have to cover the damages. In most cases, the car driver is deemed at fault, but that is not always the case. Being at fault means the person who caused the accident had the responsibility of preventing the harm. Liability must also show that the person responsible breached their role of responsibility, causing the accident. There must also be proof that this breach caused the accidents and the injuries.
Everyone on the road, whether driving, on foot, or cycling, must obey traffic rules and use common sense. Common sense means acting reasonably in a situation. If a driver is over-speeding and hits a pedestrian on a crosswalk, it is clear they are responsible for the accident. However, it is sometimes hard to determine fault. Consider a situation when there is no bend sign ahead, and you hit a jaywalking pedestrian just around the bend. Did you have enough time to stop hitting the person?
What Happens with Shared Fault?
Sometimes both the driver and pedestrian may be at fault where their actions caused the accident. For instance, you hit a jaywalking pedestrian when over-speeding. In shared fault situations, you may recover compensation. However, the percentage of your compensation will be reduced by the amount of your fault.
The Worth of a Car-Pedestrian Accident Claim
Accidents of this nature are unique following how the incident unfolded. Therefore, it is not possible to predict the worth of the claim. However, insurance adjusters will look at things like the severity of the injuries, pain, and suffering, lost wages, and future medical expenses to determine how much compensation you should get. It is easy to calculate medical costs but always challenging for pain and suffering. Therefore, to know the worth of your claim, you should know how adjusters and lawyers calculate these things.
Knowing When to Hire a Lawyer in Texas
If you or your loved one has been involved in a car-pedestrian accident, you may not know the right steps to take. In most cases, the driver will reach out and offer a settlement if they are at fault. It is crucial to have a lawyer figure out the fault and explain the legal options.
