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Can A Pedestrian Be Held Guilty for An Accident with A Motorist?

When an accident occurs between a car and a pedestrian, many people believe that it is the negligence of the motorist resulting in such mishap. However, sometimes, both parties are equally responsible for such ‘accidents’.

How the Fault for A Car-Pedestrian Accident Is Determined?

When an accident occurs between a pedestrian and a motorist, the former sues the later. If witnesses are present during the hearing, then the pedestrian wins the case, where he or she is awarded fair compensation.

What happens, if there is no witness? In that case, jurors will listen to the stories of both parties, go through the findings of the police report and by examining the applicable laws, they will offer the judgment.

If it is found that the negligence of pedestrian resulted in an accident, in that case, the car owner can file a lawsuit against the pedestrian to receive the compensation for the car damage. If the driver is at fault, then the pedestrian can seek the compensation from the driver or from the motorist’s insurance company to recover from injuries. In that case, an insurance company does not engage in arguments and makes necessary arrangements to offer the compensation.

What Happens When Both Parties Are At Fault?

In some cases, pedestrians bear some amount of blame for causing the accident. The reasons could be jaywalking, walking along bridges, highways, entering a street in an intoxicated state, etc.

It may happen that a pedestrian is jaywalking, but the motorist faced distraction and failed to stop his or her vehicle, and dashed the pedestrian. Here, both parties share some negligence. Different states follow different laws for settling this kind case. Judgments are based on these two concepts:

  • Contributory Negligence
  • Comparative Negligence

About Contributory Negligence

This is an old rule for determining the amount of fault of persons involved in accidents. This law is followed in states like Virginia, Alabama, Maryland and District of Columbia.

In case of contributory negligence, if both persons bear any amount of fault, they cannot file a liability claim against each other. If such incident occurs in any these four states, both parties will be held responsible for their own injuries and other damages incurred from the accident. The sufferers can apply for the first party claim with the help of their own insurance coverage.

About Comparative Negligence

Many states of the US follow the comparative negligence law for determining the amount of fault borne by both parties during the time of the accident. As per pure comparative negligence law, a victim can claim compensation from the opponent party. However, the compensation will be reduced by the amount, which is equal to the percentage of fault.

Look at this example. The driver is running his vehicle in the intoxicated state. Meanwhile, the pedestrian crosses the road as he or she is given the walk signal. However, at that time, the pedestrian was glued to his or her handset and did not notice the speeding vehicle, and suffered injuries. It is found that driver bears 75% fault while the rest is borne by the pedestrian. If the medical compensation for the pedestrian is $10,000, he or she will get $7500 according to this law.

As a car owner, if you are involved in an accident with a pedestrian, do not get upset with the threat of a lawsuit. Approach accident injury lawyers, who can determine whether the pedestrian was at fault and will represent your case accordingly.

Galan Law
Personal Injury Lawyers

3200 Dufferin Street, Suite 401
Toronto, Ontario
M6A 3B2

Phone  :

416-640-2217

Fax      :

416-640-2216

Email   :

jgalan@galanlawfirm.ca

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