Understanding the Role of Negligence in Pedestrian Accident Liability




Pedestrian accidents are harrowing events. The potential for significant injury or worse becomes a stark reality. This happens the moment a human being is involved in a collision.

Understanding the legal factors surrounding the incident can be as complicated as it is crucial for the victim. It’s imperative to discern how the concept of negligence plays into pedestrian accident liability.

Here, we will unravel these complexities for a comprehensive understanding. Let’s begin!

Duty of Care

In any pedestrian accident, two parties are involved- the vehicle’s driver and the pedestrian. Both have a duty of care towards each other. It is essential to understand what this means.

The duty of care refers to individuals’ legal obligation towards one another to act with reasonable care to avoid causing harm or injury. In a pedestrian accident case, the driver and the pedestrian have a duty of care to each other.

The driver must operate their vehicle safely and follow all traffic laws. The pedestrian must exercise caution and adhere to traffic signals.

Failure to fulfill this duty of care can result in negligence. This is because the person run over by a car can seek damages for injuries sustained due to someone else’s negligence.

Proximate Cause

Establishing a proximate cause in a pedestrian accident case is also crucial. Proximate cause refers to the connection between the negligent actions and the resulting harm or injury.

For example, if a driver runs a red light and hits a pedestrian crossing with the right of way, their actions would be considered the proximate cause of any resulting injuries.

However, suppose the pedestrian was crossing against a traffic signal and was hit by a driver following all traffic laws. In that case, it may be more challenging to establish a proximate cause.

Contributory Negligence

Contributory negligence is a factor that can impact the outcome of a pedestrian accident case.

Contributory negligence means that if the injured party was also partially at fault for the accident, they may be unable to recover any damages.

For example, suppose a pedestrian was jaywalking and texting while crossing the street and was hit by a driver with the right of way.

In that case, the pedestrian’s contributory negligence may prevent them from receiving compensation for their injuries.

Legal Remedies

It’s also important to understand your legal rights and options for seeking compensation. This may include filing a personal injury lawsuit against the negligent driver or their insurance company.

In some cases, there may also be criminal charges brought against the driver if they were found to be under the influence of drugs or alcohol at the time of the accident.

Legal remedies also apply to those who are filing for pedestrian accident claims on behalf of a loved one who has been killed in an accident.

If you are unsure how to navigate these legal remedies, Just Call Moe or any other experienced personal injury lawyer for help.

Understand the Role of Negligence in Pedestrian Accident Liability

Understanding the concept of negligence is crucial in determining pedestrian accident liability.

The driver and the pedestrian must exercise reasonable care towards each other. , failure to do so can result in negligence and potential legal consequences.

So, if you or a loved one has been involved in a pedestrian accident, you must seek legal guidance and understand your rights and options for seeking compensation.

Should you wish to explore other topics, visit our main blog page. We’ve got more!

Claire S. Allen
Claire S. Allen
Hi there! I'm Claire S. Allen, a vibrant Gemini who's as bold as my favorite color, red. I'm a fan of two cool things: strolling the streets in a red jacket and crafting articles that connect with readers. With my warm and friendly personality, Claire is sure to brighten up your day!
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