Finding Fault In a Car-Pedestrian Accident

Finding Fault In a Car-Pedestrian Accident

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We are living in a motorized world, where having a car is more than a mere necessity. The pace with which cars are making their way on the road, the safety of the pedestrians is becoming a matter of concern. Though developed states like Nevada offer sidewalk for a safe movement on the busy roads, many other developing countries lack this basic structure. In these countries, pedestrians are more vulnerable to car-pedestrian accidents. But the same is true for developed states too, due to multiple reasons

  • The developed states attract more temporary population, hence more people come in every day to become part of the population. They are new to the road safety guidelines of such states.
  • Life is so fast moving in these states, that it makes a pedestrian to surpass the recommended safety instructions and take a risk.

Mostly, it is perceived that in a car-pedestrian accident, the car owner would be at the fault; but the reverse holds true as well. If a pedestrian is not jaywalking or not strolling leisurely around the busy road, the chances are reduced for a pedestrian to be at a fault in an accident. But in case, carelessness happened on the part of the pedestrian, then he/she might have to pay compensation to the driver. If you are one such victim in the state like Nevada, seek Las Vegas car accident advice from the pedestrian accident lawyer, which may help you with your claims.

Establishing the Fault

The statements of the car driver, the injured pedestrian and the witnesses, help the jury or insurance adjuster to make the judgement regarding the percentage share of the fault, of both the parties. Apart from listening to the stories from each end, the juror or the insurance adjuster will apply the following ways, for better judgment:

  • The laws of transportation and driving like speeding laws are implemented.
  • The necessary documents like driving history of the car driver and any previous accidents of both are gathered for behavioral observation.
  • The expert testimony or the police records findings.

This information offers a 360o view of the accidental situation.

Possible Outcomes of the Findings

Once it is established who is at a greater fault, further actions can proceed. If the driver is clearly at the fault, compensation will be recovered by the pedestrian, from the driver or driver’s insurer. Usually, the insurer does not put up much of the fight for releasing compensation amount, but they can make a lower offer. Pedestrian has all rights to refuse the offer and seek courts for fair compensation. The other way to charge the driver is to pay the pedestrian’s medical and other bills.

Now, what if the pedestrian is held responsible for the accident? In such a case, there are two possible cases – pedestrian is charged for paying for the injuries caused to the driver and damages made to the car, in an out-of-the-court settlement, otherwise, the car driver has a right to sue the pedestrian.

A pedestrian’s behavior such as jaywalking (walking on the traffic road instead of the sidewalk), walking under the influence, crossing outside the crosswalk, crossing against signal, crossing, and walking in pedestrian-restricted areas are the reasons for his/her own injuries as well injuries to a car driver.

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