Depending on the situation and verifying the casualties, the local traffic police authority would decide who is to blame. Even though we can say that the typical scenario is during a road accident or a person hit by a car, the general perception is that pedestrian has no-fault and only the drivers need to blame.
In this writing, we will figure out which party needs to be blamed during a car accident.
Who is to blame when a walker is hit by a car seems like an easy question to answer? Though, most people think the pedestrian has the right of way. You may see many car accidents involving hiker tent to end up causing the severe injury of the pedestrian where car and its driver remains safe. Consequently, passersby are the most vulnerable.
So, it must always be the driver’s mistake. This kind of observation is proper occasionally but not all the time.
How to Know Who is Guilty During a Car-pedestrian Accident
(The situation, type of accident, driver’s point of view, passerby’s point of view, drivers violating the traffic rules, pedestrian violating the traffic rules)
A Pedestrian and Bicycle Accidents lawyer can be beneficial if someone is hit by a car. There are situations when drivers are violating the traffic rules, running a spotlight, unable to stop in crossing, driving the car at Overspeed. Making sudden turns and driving the vehicle through the sidewalk, and hitting a stranger.
On the other hand, a pedestrian can easily avoid an accident by following the traffic rule properly.
Sorting it out from the legal point of view: If Person K fails to act with reasonable care and ends up causing harm to Person J, the law will consider person K guilty. During this kind of situation, the law will not consider anything else.
So, if a walker cannot practice appropriate care somehow, and that mistake causes a car accident, the walker will be regarded as the faulty one.
Let’s find out something more reason by which we can determine the actual guilty:
What Was the Driver Doing at the Time of the Accident?
You should look at the driver’s activities at that time to identify who is legally accountable in a situation of an accident. Things to consider for proving guilty:
- If The illegality of the driver at the way allowed for him to drive.
- If The speed of the driver is over the determined laws
- If the driver’s attention and focus lost
- If he is talking to someone over the phone
In this case, If the pedestrian was doing nothing illegal, the driver will be considered guilty.
What Was the pedestrian Doing At That moment?
Now, look at what the pedestrian was doing.
- If the pedestrian is on the sidewalk,
- If the pedestrian using zebra crossing,
- If the passerby doesn’t break any traffic law as a citizen,
If a pedestrian abides by all the above regulations, the passerby cannot be blamed.
More ways a Driver May Be at Fault for Hitting a Pedestrian
- Hitting through the neighborhood
- Unaware of looking for kids playing in or near to the road
- Failing to see for pedestrians standing on at the side or corner of the crossing
- Unable to look at a hiker walking through the intersection
- Driving being a drunk
In any of these cases, the driver will be guilty of hitting a pedestrian with his car.
Ways a Passerby May Be a Guilty
- Jaywalking or if pedestrians don’t follow designed crossing zone
- Talking over phone standing on the zebra crossing during busy traffic movement
- Entering into a crosswalk when the signals indicating to stand by
- Walking on a street being drunk or trying to cross the street while drunken
- Pushing into the street to collect an item
- Intentionally trying to distract a driver
Taking Legal Action
If you are a pedestrian or bicycle rider and get hit by a car, you get injured seriously. In a case like this, the outcome of the case will depend on the witness’s testimony. Your lawyer can help you by contacting the witness as soon as possible to hear a fresh description of the incident. That will give you a more chance to win the case and have the damage recovery fee.
Things to consider That Influence Settlement Amount
The seriousness of the wounds incredibly influences the settlement sum. In any case, there are a lot of other significant factors also. The most well-known things that will impact the settlement sum are:
- The seriousness of the wounds
- The nature of the individual injury legal counselor you employ
- The skill of the protection agent
- The kind of clinical consideration and the measure of the hospital expenses
- Time missed from work and how much work you will forget later on
- How the wounds influence your day-by-day life
- Whether you will have a full recuperation
- Whether the vehicle driver was obviously to blame
In a car accident, the pedestrian had to pay a high price as the driver has safety measures inside the car even though the situation and the amount of personal injury can differ under different circumstances.