Car accident questions about accidents involving pedestrians must focus on criminal law as much as on personal injury civil laws. Because the majority of states ascribe to drivers a high level of responsibility to protect pedestrians, car accidents involving such are very difficult to defend against. Below are general facts about pedestrian car accidents.
The Pedestrian Might Be Liable
Despite most states ascribing a high level of care to be provided to pedestrians, pedestrians are not afforded complete immunity within the accident. It is possible for a pedestrian to be liable for a large portion of the accident and for their compensation award to be reduced accordingly. A pedestrian that was not following pedestrian rules or that caused the accident by jumping into moving traffic will have very little basis for his argument for injury compensation. Therefore, being involved in an accident with a pedestrian does not mean that you will be automatically liable for his injuries.
There Are Very Few Defenses
Aside from the pedestrian causing the accident or by violating pedestrian rules of behavior, there are almost no other grounds for a driver to defend himself. While not completely true, states ascribe to drivers the duty to watch for and avoid pedestrians. Therefore, most drivers involved in pedestrian accidents try to mitigate damages rather than avoid liability.
You Might Be Criminally Liable
Depending on the accident, it is quite possible for a driver to be brought up on criminal charges for injuring a pedestrian. This is because for a pedestrian that did not cause an accident to be injured the driver must have been acting in an extremely negligent or egregiously bad driving behavior. Criminal lawsuits by the state for assault or negligence are more common following a pedestrian automobile accident than drivers may think.
Damages Are Usually Very High
An automobile hitting a pedestrian usually causes serious injury and harm to the pedestrian. Because of this, it is not unusual for a pedestrian to be permanently disabled or, at the very least, to incur extensive medical bills and other damages. As such, this type of case or claim often results in a very high amount of compensation being awarded to the pedestrian.
Getting Legal Help
If you are involved in a dispute over a car accident involving a pedestrian, seek legal assistance. Pedestrian automobile cases are taken very seriously by courts. A lawyer will be able to advise you on the best tactics for your case.
