How Lawyers Handle Liability and Complex Cases in Pedestrian Accidents
Pedestrian accidents cause serious injuries and legal complications. Ranging from negligent drivers on the roads to malfunctioning traffic signals, multiple parties can be held responsible. The potential injuries are serious, and multiple parties can be at fault, so such litigations must be handled carefully.
The level of compensation can be high, depending on the situation and the parties involved. That is why people seek the services of a pedestrian accident lawyer in Buena Park; to protect their rights and get the compensation they deserve.
Why Is Liability in Pedestrian Accidents Complex?
Responsibility for pedestrian accidents is often not clear-cut. While drivers owe a general duty to exercise caution, pedestrians also owe a duty of care, including compliance with pedestrian signals at intersections.
Typically, disputes involve right of way, visibility, speed, and reaction time. The attorney may need to assess whether a driver’s duty of care was violated, pedestrian responsibility for what happened, and considerations for allocating blame based upon relevant laws of negligence.
How Do Lawyers Investigate Pedestrian Accidents?
Detailed analysis is important in proving liability. Attorneys begin by looking at:
- Police documents
- Interviews with witnesses
- Photos of the accident site
- Traffic cameras
- Security tapes at local businesses
- Vehicle data recorders
Accident reconstruction experts are commonly hired to analyze data concerning the speed of vehicles, braking observations, or points of impact. They play a crucial role in allowing lawyers to readily explain complex data to jurors.
What Role Do Traffic Laws and Local Ordinances Play?
Pedestrian accident cases can be greatly affected by traffic regulations and city ordinances. Attorneys investigate if the drivers disregarded posted speed limits, failed to yield to pedestrians, were distracted or driving under the influence.
Equally important is the determination of whether the pedestrian was using the street in compliance with the law, walking against the flow of traffic, or entering the roadway illegally. Violations on part of both parties influence liability and the amount of damage significantly.
How Do Lawyers Handle Comparative Negligence?
Many jurisdictions apply comparative negligence principles, assigning fault to different parties. In these cases, insurance companies regularly maintain that pedestrians share some percentage of responsibility, even when drivers have engaged in egregious misconduct.
Attorneys rebut this by showing that the driver was a major contributory factor to the accident or that the pedestrian’s actions were not a material contributory conduct to the injury. Good advocacy can make all the difference in the outcome.
How Are Multiple Defendants Handled?
Some pedestrian accidents implicate more than one potentially liable party. In addition to the driver, liability may extend to:
- Employers
- Vehicle owners
- Rideshare companies
- Government entities
- Property owners
Attorneys will identify all potentially responsible parties in the accident and determine their respective insurance coverage. This is essential in catastrophic injury cases, where one policy may not be enough to cover the damages.
Key Takeaways
When lawyers evaluate liability in pedestrian accidents, they focus on:
- Duty of care
- In-depth inquiries using expert evidence
- Traffic laws and local regulation
- Comparative negligence
- Claims against multiple liable parties
