Drivers must be very cautious when pedestrians are present to prevent accidents, but in some cases, the pedestrian shares the blame when incidents happen. Pedestrians are sometimes found completely liable for drivers’ damages and their injuries after an accident, depending on the case’s circumstances. Here, potential clients will learn how the law handles the issue of liability in a car vs. pedestrian accidents.
Drivers Have a Duty of Care
Every motorist is required to drive carefully under the circumstances. An injury lawyer in Walker MN would call this the duty of due care. Here, a driver is held to the reasonable person standard. However, not all circumstances are equal.
The state’s laws hold that drivers should be extra vigilant when pedestrians are near. For instance, a person may be obeying the speed limit, but they may still be held liable if they hit a child who runs into the road. The argument would be that a cautious person would drive slower if they saw children playing by the roadside.
When Pedestrians Are Responsible for Accidents
Normal, cautious people would take measures to avoid hitting pedestrians when possible. However, if a pedestrian’s actions make it impossible for a driver to avoid hitting them, a jury or judge would find the pedestrian to blame. For instance, if a driver is obeying the speed limit and a pedestrian jumps out from behind a car, the driver won’t be held responsible. The pedestrian would be held liable for the driver’s injuries and property damage.
When Drivers and Pedestrians Share Liability
Not all matters of liability are clear-cut, and this applies to pedestrian accidents as well. Often both parties’ actions could be considered abnormal and careless. In these cases, the jury must determine the extent to which a plaintiff has contributed to his or her injuries. In some areas, the victim’s recovery is reduced by their share of fault. In other cases, a person who is even one percent liable cannot recover. An injury lawyer in Walker MN will help a client determine how the state’s laws apply to their case.
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Pedestrian vs. car collisions often have devastating consequences, but in some instances, pedestrians are partly to blame. Visit us online or call the office today to request a consultation.
