What Happens When a Pedestrian is at Fault in an Accident? – Winchester

When a car collides with pedestrians, it’s easy to think that it was the driver to be blamed. However, a reckless pedestrian could make it difficult for a motorist to avoid a collision. If you were injured in an accident caused by a pedestrian or a motorist hit you on the streets, you might have to speak with a personal injury attorney in Winchester who can help you through the settlement process. 

  • Pedestrian Liability Examples

If a pedestrian causes an incident, the motorist may be able to file a lawsuit on behalf of the person injured.

Here are a few instances where a pedestrian could be the cause of an accident:

  • A place outside of a designated crosswalk to walk across the streets
  • Infractions to the traffic signal
  • Crossing the roads when under the influence of alcohol or drugs
  • In areas where pedestrians are not permitted
  • Speeding or darting across the road without paying heed to traffic
  • Proving Liability in a Pedestrian-Initiated Accident

Proving a driver’s innocence following a pedestrian crash could be a challenge. A pedestrian accident lawyer is likely to seek evidence that shows how the pedestrian’s actions caused the accident to prove accountability. The following pieces of evidence could be considered:

  • Videos or photos

In cities, surveillance cameras are typically located at intersections. Cameras can assist in determining what exactly happened and who was responsible by allowing you to view the incident in detail. Furthermore, any photographs or videos taken at the location could be used as evidence.

  • Statements of witnesses

Witnesses are extremely helpful for a driver’s case. Witnesses on the scene can provide testimonies in writing or orally if they believe that the pedestrian was at fault and the motorist had no control over the collision or crash. The driver should attempt to obtain contact details from witnesses, if any.

  • Expert Witnesses

Following an accident, proving pedestrian carelessness might be tricky. Pedestrian accident attorneys defending victims in these lawsuits frequently hire accident reconstruction experts to testify on their behalf.

A lot of pedestrian accident lawyers offer free consultations on your case. They can assess your case to determine your rights and the following steps to take. They may also contribute to representing you on a contingent basis. Medical bills, lost income, and vehicle damage might all be recovered from the claim. Even if the pedestrian gets injured, they may be held responsible for the motorist’s damage.

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