Liability in Tucker Pedestrian Accident Cases
Determining liability in Tucker pedestrian accident cases depends on a claimant’s ability to prove negligence on the part of the driver who hit them. The law defines negligence as one’s failure to exercise ordinary care under a given set of circumstances. Establishing whether someone’s conduct is negligent depends on whether there is a foreseeable risk that it will harm other people. An experienced attorney could help you prove a defendant’s liability if they struck you with their car.
When a motor vehicle strikes a pedestrian and injures them, the driver may be held responsible. This is because motorists are obligated to yield to pedestrians as these individuals have the right of way in most situations.
Even if a person is on the road illegally, drivers must slow down or stop as long as it is feasible for them to do so. However, in some cases in Tucker, a pedestrian can be fully or at least partially liable for causing their accident. This may occur if a person:
- Darted into the road, giving drivers little time to stop or slow down
- Entered a crosswalk against a “do not walk” signal
- Walked in a place off-limits to pedestrians, such as on some highways and bridges
It is important to remember that neither a motorist or a pedestrian can automatically be negligent in the event of an accident. Proving negligence is highly fact-specific, with no two cases being exactly alike.
Motorist Liability and Damages
A driver may be liable for hitting a pedestrian if this collision was a result of them violating a traffic law or driving in a careless manner. This at-fault driver may then be responsible for paying damages to the injured claimant. The driver or their insurance company may be liable for costs such as medical expenses, lost income due to absence from work, loss of earning capacity due to disability, and pain and suffering.
Though sometimes hard to calculate, damages for pain and suffering often take into account the severity of the plaintiff’s injuries, their degree of pain they had to endure, and the effects the accident has had on the injured party’s family. Additionally, damages may take into account the severity of the defendant’s negligent behavior. For instance, if a motorist hit a pedestrian because they were drunk driving, the claimant may receive additional compensation.
Liability can become more difficult in Tucker pedestrian accident cases when the claimant is partially to blame. If a court determines that an injured party is 50 percent or more at fault in an accident, they may not be able to obtain damages for their injuries. A claimant who does not reach this threshold may receive a smaller compensatory award reduced by their percentage of fault.
An example of this scenario may occur when the pedestrian was walking in an off-limits location, but the driver was distracted by their cell phone and could not stop in time. In this case where both parties are partially to blame, the amount of money either one recovers through settlement or litigation may largely depend on their respective degrees of liability.
Speak with a Tucker Lawyer for More Information on Pedestrian Accident Liability
Liability in Tucker pedestrian accident cases can be difficult to establish without a skilled attorney. Fortunately, the lawyers at 770-GOOD-LAW firm can help you through this daunting process. Schedule a case consultation by calling today.