HomeAllWhen a Car Strikes a Pedestrian, Who Is at Fault?

When a Car Strikes a Pedestrian, Who Is at Fault?

Pedestrian accidents are a common occurrence in our cities. Pedestrians are often overlooked and not given proper protection. In fact, they account for nearly half of all traffic fatalities, with children being most at risk of being injured or killed by cars while walking to school or playing outside.  Find the top pedestrian accident lawyer close to you if you need legal assistance after being involved in a pedestrian accident.

A Pedestrian Can Be at Fault: Pedestrian Accident Lawyer

In a collision involving a vehicle and a pedestrian, it might be easy to blame the driver. However, it may be challenging for a driver to escape an accident if a careless pedestrian crosses the street. As a result, a motorist can run into the pedestrian, stray off the road, or collide with a vehicle coming from behind.

Several things could occur if a pedestrian is at fault in a collision with a car. The driver will need to hire a pedestrian accident lawyer to seek any damages that may be due to the pedestrian in the first place. Medical costs, lost pay, misery, and automobile property damage are a few examples of this. Even if the pedestrian sustains injuries, they can still be responsible for paying the driver’s losses.

When Should You Hire a Pedestrian Accident Lawyer?

An attorney who specializes in pedestrian accidents can help a driver pursue compensation from a negligent pedestrian in the event of an accident. The following are examples of pedestrians who may be at fault in an accident:

  • Attempting to cross the street in a location that is not a marked crosswalk
  • Disobeying a traffic signal that has been given
  • Attempting to walk across the street while under the influence of alcohol or drugs
  • Walking on roads where pedestrians are not allowed, which is illegal.
  • Recklessly darting or dashing out into traffic without concern for the safety of the drivers

If a pedestrian is at fault for an accident and the motorist wants to collect damages, he or she may have to show that the driver had no way to avoid colliding with the pedestrian.

Ways to Prove Pedestrian Liability

It could be challenging to demonstrate a driver’s innocence after a pedestrian accident. A pedestrian accident lawyer may need to gather proof of the pedestrian’s fault in the accident in order to prove culpability. Evidence in a case involving a pedestrian collision can include:

Photos or Videos

Cities frequently have security cameras in crosswalk areas. You can identify what occurred and who was responsible for the accident by using cameras to help you view it more clearly. Additionally, any pictures or videos recorded at the scene of the accident may be used as proof.

Witnesses

The testimony of a witness can be crucial. There may be eyewitnesses at the incident who will testify that the pedestrian was at fault and that the car had no way to avoid colliding with them. The motorist should make an effort to collect witness information if possible.

Testimony from Experts

It can be difficult to prove that a pedestrian was at fault for an accident. Accident reconstruction experts are sometimes brought in to testify by an attorney for a car accident

Tips for Choosing the Right Pedestrian Accident Lawyer

Minor accident lawyer‌s vary widely from one another. You should make sure that the lawyer you choose has the right experience to handle your case and can help you through both the legal and medical systems. Here is what you should look for in a pedestrian accident lawyer:

Success Rate

Along with years of practice comes a track record of success. Check out how many cases involving pedestrians they have won (or settled) and how many they have lost. How much did they typically receive as a settlement or verdict in the cases they did win? This will provide you with essential information and help you prepare for your case. An experienced lawyer will have the background to give you an idea of what to expect from your case and how much you might be awarded.

Experience

You need a pedestrian accident lawyer, not just a personal injury lawyer. Personal injury lawyers handle a wide range of injuries, but pedestrian accident lawyers know the laws better. Ask about your lawyer’s pedestrian representation experience to feel assured.

Referrals

You should talk to the lawyer’s references, whether they are former clients or other attorneys. If an attorney has happy customers, that’s a positive sign for you. It’s a good sign that the lawyer you’re dealing with has been recommended by other lawyers. It’s best to avoid hiring an attorney who can’t or won’t give you contact information for previous clients.

Contingency

Avoid hourly pedestrian accident lawyers. Contingency-fee personal injury lawyers are good. They will be paid a percentage of the damages, not out of your own pocket. Thus, employing a lawyer reduces risk.

Depending on the case’s intricacy and court action, contingency fees range from 33–40%. Court filing fees are usually your responsibility. These fees can be paid upfront or deducted from winnings. A formal fee agreement from your lawyer should detail your fees and terms.

Widen your choices

Since most good lawyers will accept cases on a contingency basis and provide first consultations at no cost to you, you should interview many candidates before making a choice. Consultations are a great opportunity to ask questions regarding past work and future goals. Discover during consultations which attorney you feel most comfortable with and which one you think will do the best work for you.

Chemistry

You’ll be spending a lot of time with them over the next few months (or perhaps years) and trusting them with sensitive information about yourself. Find someone you can chat to and have a good time with. You should feel heard when you express your frustration with the process.

A settlement can be negotiated without an attorney, but they will have a better understanding of the legal processes involved. Consequential damages like lost pay and emotional distress will also be a major point of emphasis. Your pedestrian accident lawyer will handle all of the difficult negotiations so that you may concentrate on getting well.

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