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Pedestrian-vehicle accidents and contributory negligence

On Behalf of | Oct 11, 2016 | Firm News, Pedestrian Accidents

Pedestrians are the most vulnerable party in traffic situations. Motorists are expected to yield to them when they are crossing the road.

Whenever pedestrian-motorist accidents take place, the blame usually falls on the motorist. Through the doctrine of contributory negligence, pedestrians may also be held accountable for their actions. 

In case an accident does occur, the motorist should provide immediate care to the pedestrian because not doing so would be negligence on the motorist’s part. All accident cases are unique, and each has its own consequences. If a pedestrian-vehicle accident does occur and the driver is found guilty of negligence, then he or she might be liable for any damages that the pedestrian experiences. If the driver violates any traffic rule or is intoxicated at the time of the accident, he or she will suffer even more consequences.  

With all that said, a pedestrian is also expected to exercise his or her due care. If the accident occurs due to the recklessness of the pedestrian, he would be held liable under the doctrine of contributory negligence. A pedestrian might be considered negligent if he walks along the road when it’s dark, is pushing or repairing a vehicle or crossing or entering a highway. If an accident occurs and the pedestrian is not involved in any of the mentioned situations, then his or her negligence may be reduced.

If you or a loved one has been involved in a pedestrian-vehicle accident, then you may want to consider hiring an attorney. A professional legal consult may help you look at all your available options. In some cases, a legal claim may be possible even against the federal agencies responsible for the highway’s design and construction.

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