Pedestrian Accidents

In Uncategorized by Garrett, Walker, Aycoth & Olson, Attorneys at Law

Car Accident Lawyer

While pedestrians are very vulnerable, they are still part of the traffic flow, and this is part of why motorists have to stop when people are crossing the streets earlier in front of their cars. However this does not always happen, and as with any other type of traffic accident liability for pedestrian accidents is going to be based upon negligence.

But did you know that motorists are often going to take the blame for accidents when pedestrians can actually still be held liable under the doctrine of contributory negligence?

Talk to your car accident lawyer in Palm Bay FL such as the ones available at Tuttle Law PA  if you have been involved in a pedestrian accident, and you’re being blamed when you were not the one at fault.

Let’s talk about some of the most commonly asked questions about when a pedestrian is injured in an accident.

I’ve been hurt in a pedestrian accident and I want to file a claim, what should I do first?

Within the first few days and weeks after an accident you need to be able to protect your right to compensation and you can do this by writing down as much as you can about the accident, writing about your injuries and any other losses the suffered because of your injuries, you should make notes of conversations and even record it you need to, you should preserve evidence of the accident and the damage that was done by taking photographs and video, you should try to locate witnesses that may have seen the accident can help prove your case, you should reach out to a car accident lawyer in Palm Bay FL.

What if a pedestrian is partially at fault for the accident?

If you are a pedestrian and you are in a car accident, you may be found to have some responsibility for the accident and this can reduce the amount you’ll receive overall. However you should know the laws of your state because not every state participates in contributory negligence. So you can talk to your car accident lawyer about what kind of laws your state has in place regarding negligence involved in pedestrian car accidents.

What duty is placed upon pedestrians to avoid accidents?

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You are asking this question most likely because as a driver of a car vehicle, you have a duty to keep other people safe. So if a pedestrian is choosing to cross the crosswalk, what are their duties to ensure that everyone is safe and that they are safe as well?

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So every pedestrian has the implicit duty to obey traffic laws, and they must reasonably observe traffic conditions. Most states are going to apply a reasonable person standard which is based upon how reasonable somebody would’ve reacted in the exact same circumstances to determine whether a pedestrian was completely out of bounds.

How soon after a pedestrian is injured can they file a lawsuit?

Just like with a regular car accident, a pedestrian is going to have to obey the statute of limitations set forth by your state for the particular accident they were in. And of course if a pedestrian misses the time limit for filing a case against you as a driver on the roadway where they were injured, then there is no case.

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Talk to your car accident lawyer today about your options if you have been involved in an accident with the pedestrian or you were a pedestrian involved in a car accident.