Have you ever wondered what affects the result of a pedestrian accident lawsuit?
When a pedestrian gets hurt in an accident, many things can influence how much help they can get. It’s important to know what these are to protect yourself or your loved ones.
Keep reading to learn more about what can make a big difference in these cases.
Table of Contents
Liability and Fault
Determining who is to blame in a pedestrian accident is key to figuring out the outcome of a lawsuit. If a driver wasn’t following the rules of the road or was not paying attention and hit someone walking, they might be at fault.
But if the pedestrian was not crossing the street safely or was somewhere they shouldn’t have been, they could also share some of the blame. Understanding who made the mistake that led to the accident is crucial for any legal case.
Traffic Laws Violations
Violations of traffic laws play a big role in determining fault in pedestrian accidents. If a driver breaks the rules, such as speeding or running a red light, authorities can find them at fault.
Meanwhile, pedestrians must follow traffic signals and use crosswalks when available. If they don’t, they may be partially responsible for the accident.
Traffic laws are there to keep everyone safe, and when they’re not followed, accidents can happen. Understanding these rules can help decide who is to blame in these situations.
Pedestrian Conduct
The way a pedestrian behaves can also impact the outcome of a lawsuit. For instance, if someone is walking and using their phone, not paying attention to the road or cars, they could be partly at fault if an accident happens. Both drivers and pedestrians need to stay alert and be careful to avoid accidents.
Pedestrians should always look both ways before crossing the street. They should walk on sidewalks or designated walkways whenever they’re available. Following these simple rules can help keep everyone safer.
Witness Testimonies
Witness testimonies are a crucial part of figuring out what happened in a pedestrian accident. When people who saw the accident talk about what they saw, it can help a lot. These witnesses can share details that the people involved in the accident might not remember or might have seen differently.
They can tell if someone was not following the rules or not paying attention when the accident happened. A witness testimony is very important for deciding who was at fault.
Lawyers and judges look at what these witnesses say to understand the accident better. Having people who saw what happened talk about it can make a big difference in a lawsuit.
Surveillance Footage
Surveillance footage from cameras near where the accident happened is very important. It can show exactly what happened and who was where right before and during the accident. This helps everyone understand the situation better.
For example, a video might show a car going too fast or a pedestrian stepping out onto the road without looking. Seeing the accident on video makes it easier for judges and lawyers to see who made a mistake. It’s like having an extra witness who remembers everything perfectly and can help tell the truth about the accident.
Accident Scene Evidence
Evidence from the place where the accident happened is also very important. This includes things like marks on the road, the position of traffic lights, and where the pedestrian and the car were when they collided. All these details can help show what truly happened.
For example, if there are tire marks on the road, they might show that the car was going very fast or tried to stop suddenly. Experts can look at these clues to figure out the speed of the car and the actions of the pedestrian. This helps everyone understand how the accident happened.
Medical Record Importance
Medical records are very important in pedestrian accident lawsuits. They show how badly the pedestrian got hurt and what kind of medical help they needed. This includes visits to doctors, treatments, and how the injuries affected their daily lives.
These records help prove how serious the accident was. They also show how long it might take for the pedestrian to get better. Having clear medical records is key to showing the court the full impact of the accident on the pedestrian’s health and life.
Insurance Coverage Limits
The term “insurance coverage limit” refers to the highest amount an insurance company can pay out. This limit is important in a pedestrian accident lawsuit. This is mostly because it can affect how much money the injured person can get.
For example, even if the person hurt in the accident needs more money for their medical bills, they can’t get more than the limit. A law firm like Elliott Frazier Law can help figure out these limits. They look at all the insurance policies to see how much money is available to cover the injuries and other losses from the accident.
Comparative Negligence Rule
The comparative negligence rule is about figuring out how much each person is to blame for an accident. Imagine if two cars crash into each other.
If one driver was mostly at fault but the other driver also made a mistake, they share the blame. This rule helps decide how much money each person should get or pay because of the accident.
For example, if a car hit a pedestrian who was also not paying attention, both might share some fault. If the court decides the pedestrian was 20% at fault, they might get less money for their injuries.
This rule ensures fair division of money, based on how much each person’s actions contributed to the accident. It’s important to know about this rule because it can change the outcome of a case.
Maximize Your Outcome in a Pedestrian Accident Lawsuit
Winning a pedestrian accident lawsuit and getting the help you need can depend on many things. But knowing your rights and what to do can make a big difference.
Being careful and paying attention to the laws can help keep you safe. If you do get into an accident, remember, the right help can give you the best chance in your lawsuit.
We hope you found this article helpful. Keep reading our blog for more helpful tips and advice.
