Perhaps you are looking for a reliable, reputable, and extensively skilled bicycle accident lawyer to represent you. Let’s say this pursuit came after a pedestrian caused a road accident, resulting in significant financial, property, and physical damage. In such instances, you will want to understand what happens after a pedestrian causes an accident. Can they be liable? The following insights will help you understand this better.
Check Whether the Pedestrian Is at Fault
A driver can file a personal injury claim against a pedestrian that causes an accident. However, you will first need to prove pedestrian liability, forming the basis of your lawsuit. You’ll need an extensively skilled lawyer to help establish pedestrian liability.
Various instances show that a pedestrian is liable for the accident. These scenarios include crossing the street other than the designated crosswalk, not following traffic signals, and walking on prohibited roadways. Crossing streets under the influence and darting on the road could also prove pedestrian liability.
Prove Liability
A personal injury claim is pillared on how substantial your evidence is. You will need to establish liability by providing different pieces of evidence, including photos, videos, and witnesses. Pictures and video footage are readily accessible through surveillance cameras in the city. These surveillance cameras will help show what transpired at the accident scene.
Eyewitness statements will also suffice at this point. These individuals will provide either verbal or written testimony, accounting for the happenings at the scene. In most cases, it would be best to get in contact with these eyewitnesses beforehand. It will help you understand whether or not your claim has any merit in the long run.
Lawyers have the resources to inform expert witnesses in the case. These professionals will often offer insights into the claim based on specialized knowledge. Various professionals are involved at this stage, including reconstructionists, medical experts, and private investigators.
Recoverable Damage
A personal injury claim can only suffice if you suffered financial, health, or property loss damage. You will need different pieces of evidence to prove your damage. Your medical bills, auto repair invoices, lost wages, and medical reports are the best proof. These pieces will help determine how much you can get from the lawsuit.
However, it is vital to understand the recoverable damage. A victim is eligible to claim medical expenses, emotional distress, property damage, lost wages and bonuses, and burial expenses. A lawyer will help determine how much you qualify for your pain and suffering. Remember, an insurance company might not be willing to foot the entire amount. Your lawyer must employ excellent negotiation skills to get the best deal in the long run.
Check for Comparative Negligence
Chances of comparative negligence in a case are often there. Comparative negligence happens in a pedestrian accident if both the pedestrian and the driver or cyclist are at fault. This aspect implies that parties will share the blame. The defendant only pays a specified portion of the expected settlement offer, often depending on the percentage of liability.
For instance, suppose your claim is $10000, yet the pedestrian is deemed 30% at fault. In that case, the amount will be reduced by 30%, meaning that you get $7000 in the long run. Yet, different states might have different approaches to comparative negligence. In this case, you will need the guidance of a specialized pedestrian accident attorney.
You are free to sue a pedestrian who causes an accident. This individual will be liable for the various injuries you suffer, including property loss and mental distress. However, having an extensively experienced lawyer by our side will help improve your odds in the long run.
