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Car vs. Pedestrian: Who Is at Fault for the Accident?

Pedestrians may have the right of way, but drivers still need to follow traffic laws. Drivers must obey all traffic signs and signals, including those posted specifically for pedestrians. Pedestrians also have a duty to maintain a safe distance from moving vehicles. If a driver violates any of these duties, he or she could be found negligent.

In the event of an auto accident, the victim should contact the police immediately. If the other party is not injured, then you should also call 911. After the police arrive, they will need to determine if the other party was at fault for the accident. If the other party was at least partially responsible, then you should consider filing a claim against their insurance company. You should hire a personal injury lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, to help you file your claim. An experienced personal injury lawyer will be able to properly defend your interests and negotiate a fair settlement. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.

Pedestrians bear responsibility for their own safety. Drivers cannot be expected to foresee every possible scenario and should not be blamed for accidents that occur because of something other than negligence on their part. If the pedestrian bears all of the faults for an accident, then the pedestrian will likely not be able to recover damages for his/her injuries. Drivers are also responsible for their actions. If the driver was negligent in driving and injured someone else, the driver could be sued for compensation. However, drivers should not be held liable for all accidents that happen because of their negligence.

Pedestrians should not walk across streets unless there is a clear reason why they need to get to another location. Pedestrians should always stay away from high-speed roadways and be aware of all the dangers around them. If you see a car coming toward you, step out of its way. Do not assume that because cars are driving fast, they will stop if someone steps in front of them. Cars may swerve to avoid hitting something, but they cannot break quickly enough to prevent a collision. Always watch out for children walking near busy intersections. Children are often unaware of what is happening around them and may dart into the middle of the street without looking first.

In many cases, when there is a collision involving a vehicle and a pedestrian, both parties may be partly to blame. If that's the case, each party is liable for his or her own injuries and other damages resulting from the crash. However, in some states, a pedestrian cannot recover damages from a driver if he or she is found to be negligent. This is called contributory negligence. Contributory negligence is an all-or-nothing system. So if a pedestrian is injured in a car-pedestrian accident and both parties are partially responsible, the pedestrian would not be allowed to sue the driver even if the pedestrian was only slightly to blame.

If you were involved in a pedestrian-vehicle accident, you might wonder who is responsible for paying for your medical bills? Or maybe you're wondering if you'll be financially liable for someone else's injuries. A personal injury attorney can help you determine whether you should file a claim against another driver's insurance company.

In many states, including California, New York, Florida, Texas, and Washington, the law allows a plaintiff to recover damages even if he or she played a role in the accident. However, if the plaintiff shares equal responsibility for the accident, the plaintiff will not receive any compensation. For example, if a driver runs a red light and hits a pedestrian, and the pedestrian is partially responsible for running the red light because he didn't obey traffic laws, then the pedestrian will still get full compensation for his injuries. Conversely, if the pedestrian is 100% at fault for breaking traffic laws and getting hit by a car, then the pedestrian won't be compensated for his injuries.

Pedestrian-vehicle crashes happen when pedestrians cross the road illegally. Sometimes drivers are not paying attention and hit them. If both parties are at fault, the law does not automatically assign liability. Different states have different laws about how to handle these cases. Some states follow a “pure comparative negligence” rule. Under a pure comparative negligence system, the amount of damages awarded to each party is reduced by the percentage of fault attributed to that party, regardless of whether the other party is also liable. Other states apply a modified comparative negligence rule. These states reduce the number of damages awarded for injuries caused by the plaintiff’s own negligence but increase the amount awarded for injuries caused by another party’s negligence. Some states do not allow any recovery for injuries caused by the defendant’s negligence.

Let's say an insurance adjustor finds the jaywalking pedestrians' accident-related losses equal $100,000. He then finds that the jaywalking pedestrian was 40% responsible for his own accident and the speeding driver 60% responsible. Under modified comparative negligence rules, the speeding driver will be required to pay the jaywalking pedestrian $60,000, which is equal to the amount he would otherwise owe under pure comparative negligence rules.

In contributory negligence, if you contribute even the slightest bit to a problem, you can't receive any compensation. For example, if you were driving and hit someone while distracted, you'd get nothing. If you were walking across the street when a car ran a red light and hit you, you'd also get nothing. Contribution means something like "a small amount" or "some involvement."

A car crash happens when two vehicles collide head-on or side-by-side. There are many factors that can lead to a collision - like driving under the influence, distracted driving, etc. When there is a car crash, injuries often occur. These injuries may result in medical bills, lost wages, pain and suffering, and even death. If you were injured in a car accident, you would probably need to file a claim with your insurance company. Your insurance company will investigate whether someone else caused the accident. Then, your insurance company will pay you money for any damages caused by the other driver. Usually, if you file a claim, you'll also have to sue the other driver. A personal injury lawyer can help you navigate the claims process.

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