When a person is hit by a car many people assume that the driver of the car is the one at fault for the accident. It is said that the pedestrian has the right of way, but this is not always the case in the court of law. In some cases, the pedestrian can be partly to blame for the accident. If a driver had an accident with a pedestrian, they should contact a car accident lawyer right away.
They must file a car accident lawsuit in court. A hit and run lawyer in Los Angeles will look at the situation and the fault. In some cases, the pedestrian shares the liability for the accident. If a person was jaywalking or crossing outside of the crosswalk especially if they were not paying attention to traffic signals they may share the blame. A car accident lawyer will look at this and other facts. They will also take into consideration if the pedestrian was intoxicated and if they were walking along areas that are prohibited such as highways to causeway. If the pedestrian is even partly at fault there may be a car accident lawsuit that can be filed.
Even if the pedestrian is found to be partly to blame for causing the accident the driver is often held at fault. State will look at the comparative negligence rule. They will adjust the amount of fault to each party involved in the accident. The injured person will receive less of a damage award based on the amount of fault they are found to be at for the accident. This can also be called modified comparative negligence. The injured party will be able to collect for damages if they are less than 50 percent to blame for the accident. A car accident attorney and a hit and run lawyer in Los Angeles can help determine the amount of guilt.
There is also the contributory negligence rule that some states follow. According to this rule if a person is found to be at fault for contributing to any part of the accident they will not be able to file a claim against the other party. Both parties would be responsible for their own injuries as well as damages. They can go through their insurance company but not the insurance company of the other party.
When a person is involved with a car accident with a pedestrian they should contact a lawyer right away. The driver may not be completely at fault for the accident and a lawyer can help them prove this.
Post a comment