It is of the utmost importance to understand the concept of liability if an injury has been sustained in an automobile accident. It generally does not matter if it’s the fault of the driver or the pedestrian, however, knowing if the pedestrian is at fault for the incident can help the driver of the vehicle recover damages in court. If a person on the sidewalk or the side of the road is acting responsibly, it is not possible to blame them for the collision. However, if the pedestrian is listening to music or using a cell phone or looking elsewhere while crossing the street, they could have caused the accident. This can even occur in a crosswalk where pedestrians have the right of way. In certain situations though, it does not hold true.
It is important for the driver in a vehicle to contact a lawyer to determine if there is sufficient cause for a claim against the pedestrian.
Determining Fault in An Auto Accident
In order to determine if the pedestrian is at fault, eyewitnesses may play a crucial role along with traffic camera surveillance. Other pieces of evidence along with the aforementioned two are used to determine whether the pedestrian is at fault or not. Some claims may involve hearsay or 3rd party statements. Therefore, it is critical to have sufficient evidence to proceed with the case. In some states, if the pedestrian is found to be even partially at fault they may be required to pay compensation to the driver of the vehicle.
The Role Of An Insurance Adjuster
The pedestrian involved in an accident may face civil court for fault in the incident. An insurance adjuster investigates the matter and determines if the pedestrian is at fault. The adjuster examines the car and other evidence at the scene in determining what actually happened along with witness statements and police reports. Adjusters may even hire expert witnesses to help with the case and reconstruct the incident. In such instances, the pedestrian faces litigation through the courts for their responsibility in the accident. On the flip side, the pedestrian becomes the plaintiff when the driver is at fault for an accident. The pedestrian then has a chance at recovering compensation from the driver’s insurance carrier.
Insurance adjusters generally offer lowball figures, but through legal support of a car accident attorney, it is often possible to recover a greater amount to ensure a better recovery from the damages caused. However, the plaintiff would need to prove that the driver is liable and not the pedestrian. Through the use of evidence and witnesses, the courts will need to determine the outcome. No matter who is at fault, in order to obtain damages in a personal injury or wrongful death case, it is imperative that the services of a competent, qualified and experienced personal injury attorney be utilized to obtain the most favorable resolution possible to your accident injury claim.
The skills and expertise of an attorney have a profound impact on the outcome of any personal injury case. It is therefore important that law students and attorneys utilize legal resources such as sections of the LSAT to increase their legal knowledge and improve their expertise