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Identifying Fault and Liability in Pedestrian Accidents

By Edited Jun 23, 2016 0 0

Car accidents are terrible situations that result to injury, property damages, or even death. However, drivers are not only the cause of these accidents. According to a recent study, there has also been an increasing number of pedestrian accidents nowadays. Pedestrian crashes happen when pedestrians get hit by vehicles while they are on the sidewalk or they are crossing streets and intersections. In most cases, it is the motorist who is blamed for the accident.

A driver may be held liable for a pedestrian's injuries if he failed to do the following:

  • Keep his full and undivided attention on the road.
  • Observe the speed limits set on that particular roadway or street.
  • Obey traffic lights.
  • Yield the right of way to people crossing the street.

However, in some situations, the pedestrian himself can also face legal charges. Here are some situations where the pedestrian can be held liable for the accident:

  • He did not follow the "walk" signal.
  • He deliberately entered the roadway and disrupted the traffic flow.
  • He did not cross on a marked crosswalk.

Given these factors, both the driver and the injured pedestrian will have the opportunity to explain their side and accuse the other party. However, in rare cases, both the driver and the pedestrian may not be responsible for the accident. Given these conditions, the premises or property owner may be investigated. An establishment or property owner may become responsible for the accident if:

  • There is a dangerous condition within the property which caused the pedestrian to be hit by the vehicle.
  • The owner knew that such conditions existed, and yet he failed to take proper action.
  • The condition has already been present for such a long time that it should have been fixed by the owner before the accident happened.

If you get involved in a pedestrian accident and you were injured, you may seek compensation from the responsible parties. However, you should first make sure that you did not break any law or traffic rule when the pedestrian accident took place. You should also consider getting witnesses to testify against the liable parties.

Moreover, you should hire a personal injury lawyer who can provide legal assistance for your claim. If you are residing in Los Angeles, there are a number of law firms who specialize in car accidents. Just look for a reliable personal injury lawyer in Los Angeles to handle and win your claim.



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