4 Legal Defenses Often Used In Pedestrian Accident Claims

Pedestrian accidents are unfortunately all too common, and they can result in serious injuries and even death. When such accidents occur, it is not uncommon for legal claims to be filed in an attempt to recover damages. However, in order to successfully pursue a claim, it is necessary to understand the legal defenses that are often used in these cases. In this article, we will explore four of the most common legal defenses used in pedestrian accident claims.

From contributory negligence to assumption of risk, these defenses can be difficult to navigate without the help of an experienced attorney. By understanding the basics of these defenses, you can better prepare yourself for the legal process and increase your chances of receiving the compensation you deserve. So, without further ado, let’s dive into the world of legal defenses in pedestrian accident claims.

Pedestrian accidents can result in serious injuries and significant damages. If you’re involved in a pedestrian accident claim, there are several legal defenses that may be used against your case. These include contributory negligence, assumption of risk, lack of causation, and comparative negligence. It’s essential to consult with an experienced personal injury attorney to understand how these defenses could impact your claim.

Legal Defenses in Pedestrian Accident Claims

Pedestrian accidents are a serious issue that can cause severe injuries and even death. When a pedestrian is hit by a vehicle, they have the right to sue the driver for damages. However, drivers often try to avoid liability by using legal defenses. Here are four legal defenses often used in pedestrian accident claims.

1. Comparative Negligence

Comparative negligence is a legal defense used to reduce the driver’s liability by claiming that the pedestrian was partially responsible for the accident. In some states, the law allows for the damages to be reduced by the percentage of fault assigned to the pedestrian. For example, if the pedestrian is found to be 30% at fault, their damages may be reduced by 30%.

However, if the pedestrian is found to be more than 50% at fault, they may be barred from recovering any damages. It is essential to hire an experienced pedestrian accident attorney who can navigate the complex comparative negligence laws and fight for fair compensation.

2. Emergency Doctrine

The emergency doctrine is a legal defense used by drivers to excuse their actions in an emergency situation. For example, if a driver swerves to avoid hitting a child who runs into the street, they may be protected by the emergency doctrine. However, this defense is only valid if the driver’s actions were reasonable under the circumstances.

If the driver’s actions were reckless or careless, they may still be held liable for the pedestrian’s injuries. It is crucial to investigate the facts of the case thoroughly to determine if the emergency doctrine applies.

3. Assumption of Risk

Assumption of risk is a legal defense used to protect the driver when the pedestrian knowingly put themselves in harm’s way. For example, if a pedestrian jaywalks in a busy intersection and gets hit by a car, the driver may use the assumption of risk defense.

However, this defense is only valid if the driver did not have a duty to avoid hitting the pedestrian. If the driver had a duty to exercise reasonable care to avoid hitting the pedestrian, they may still be held liable for the injuries.

4. Statute of Limitations

The statute of limitations is a legal defense used to bar a pedestrian’s claim if they do not file the lawsuit within a certain time frame. The time frame varies by state and can range from one to six years.

It is crucial to hire an experienced pedestrian accident attorney who can ensure that the lawsuit is filed within the statute of limitations. If the lawsuit is not filed within the time frame, the pedestrian may lose their right to sue for damages.

Benefits of Hiring a Pedestrian Accident Attorney

Hiring a pedestrian accident attorney can help you navigate the complex legal system and fight for fair compensation. An experienced attorney can investigate the facts of the case, gather evidence, and negotiate with insurance companies on your behalf.

They can also help you understand your legal rights and options and provide guidance throughout the legal process. With an attorney by your side, you can focus on your recovery while they handle the legal aspects of your case.

Pedestrian Accident Claims: Comparative Negligence Vs. Contributory Negligence

Comparative negligence and contributory negligence are two legal doctrines used to determine fault in personal injury cases. In comparative negligence states, the damages are apportioned based on the percentage of fault assigned to each party. In contributory negligence states, if the plaintiff is found even slightly at fault, they may be barred from recovering any damages.

It is essential to hire an attorney who is familiar with the laws in your state to ensure that your rights are protected. An experienced attorney can help you navigate the complex legal system and fight for fair compensation.

Pedestrian Accident Claims: Settlement Vs. Trial

Pedestrian accident claims can be settled out of court or go to trial. A settlement is an agreement between the parties to resolve the case without going to trial. A trial is a formal legal proceeding where a judge or jury decides the outcome of the case.

Settlements are usually faster and less expensive than trials. However, if the parties cannot reach a settlement, a trial may be necessary. It is essential to hire an attorney who can negotiate a fair settlement or represent you in court if necessary.

The Role of Insurance Companies in Pedestrian Accident Claims

Insurance companies play a significant role in pedestrian accident claims. The driver’s insurance company will likely be responsible for paying damages if the driver is found liable. The pedestrian’s insurance company may also be involved if they have uninsured or underinsured motorist coverage.

Insurance companies may try to minimize or deny the claim to protect their bottom line. It is crucial to hire an attorney who can negotiate with the insurance companies on your behalf and fight for fair compensation.

Pedestrian Accident Claims: Common Injuries and Damages

Pedestrian accidents can cause a range of injuries, from minor cuts and bruises to severe brain and spinal cord injuries. Common injuries include broken bones, internal injuries, and soft tissue injuries.

Damages in pedestrian accident claims may include medical expenses, lost wages, pain and suffering, and property damage. An experienced attorney can help you determine the full extent of your damages and fight for fair compensation.

Pedestrian Accident Claims: Evidence and Investigation

Evidence and investigation are crucial in pedestrian accident claims. Evidence may include witness statements, police reports, medical records, and surveillance footage. An experienced attorney can help you gather and analyze the evidence to build a strong case.

Investigation may include accident reconstruction, expert testimony, and interviews with witnesses. It is essential to hire an attorney who has experience in investigating pedestrian accidents and can build a strong case on your behalf.

Pedestrian Accident Claims: Hiring an Attorney

Hiring an attorney is crucial in pedestrian accident claims. An experienced attorney can help you navigate the complex legal system and fight for fair compensation. They can investigate the facts of the case, gather evidence, and negotiate with insurance companies on your behalf.

It is essential to hire an attorney who has experience in handling pedestrian accident claims and can provide guidance throughout the legal process. With an attorney by your side, you can focus on your recovery while they handle the legal aspects of your case.

Frequently Asked Questions

What are some common legal defenses used in pedestrian accident claims?

There are several legal defenses that can be used in pedestrian accident claims. One of the most common defenses is contributory negligence, which means that the pedestrian may have contributed to the accident by not following traffic rules or being distracted. Another defense is assumption of risk, which means that the pedestrian knew the risks involved in crossing the street and chose to do so anyway.

A third defense is comparative negligence, where the pedestrian and driver are both deemed responsible for the accident and damages are awarded based on the percentage of fault assigned to each party. Finally, the statute of limitations defense can be used if the pedestrian fails to file a claim within the specified time frame.

How can a pedestrian prove negligence on the part of the driver?

In order to prove negligence on the part of the driver, the pedestrian must show that the driver had a duty to exercise reasonable care, that the driver breached that duty, and that the breach caused the pedestrian’s injuries. This can typically be demonstrated through witness testimony, police reports, and surveillance footage.

The pedestrian may also be able to prove negligence by demonstrating that the driver was under the influence of drugs or alcohol, or that the driver was distracted by a cell phone or other device at the time of the accident.

What damages can a pedestrian recover in a pedestrian accident claim?

A pedestrian who is injured in an accident may be able to recover damages for medical expenses, lost wages, pain and suffering, and other related expenses. If the pedestrian’s injuries are particularly severe, they may also be able to recover damages for future medical expenses and lost earning capacity.

In some cases, punitive damages may also be awarded if the driver’s conduct was particularly egregious or reckless.

What should a pedestrian do after being involved in an accident with a car?

After being involved in an accident with a car, the pedestrian should seek medical attention immediately, even if they do not feel any immediate pain or discomfort. They should also file a police report and get the driver’s contact and insurance information. If possible, they should take pictures of the accident scene and any visible injuries.

The pedestrian should also contact an experienced personal injury attorney who can help them navigate the legal process and ensure that their rights are protected.

What are some steps drivers can take to avoid pedestrian accidents?

Drivers can take several steps to avoid pedestrian accidents. They should always be aware of their surroundings and keep an eye out for pedestrians, especially in areas where pedestrians are likely to be present, such as crosswalks and school zones. They should also obey traffic signals and speed limits, and avoid distractions such as cell phones and other devices while driving.

It is also important for drivers to be patient and give pedestrians the right of way when necessary. Finally, drivers should always be prepared to stop suddenly if a pedestrian enters the road unexpectedly.

In conclusion, pedestrian accidents can be devastating, and it’s essential to have a thorough understanding of the legal defenses that may be used to challenge your claim. With the help of an experienced attorney, you can protect your rights and seek the compensation you deserve.

If you’re involved in a pedestrian accident, remember that contributory negligence, assumption of risk, sudden emergency, and lack of proximate cause are all defenses that may be used against you. However, a skilled lawyer can help you build a strong case and counter these arguments effectively.

Ultimately, the key to success in a pedestrian accident claim is to work with a knowledgeable and experienced attorney who can guide you through the legal process and fight for your rights. With the right legal representation, you can seek justice and hold those responsible for your injuries accountable.