Determining Fault in a Pedestrian Accident

The truth is that pedestrian accidents are particularly delicate when it comes to it. We are so used to the drivers being at fault that we rarely think about the pedestrian as the one who was actually responsible for the accident in the first place. However, this is a real possibility and there are quite a few things which need to be taken in consideration.

In theory, it is absolutely possible for the pedestrian to be the one who’s at fault and for the driver to actually claim compensation for the damages which were incurred by his vehicle. It may sound absurd but it is a real and quite possible hypothesis. Let’s take a look at the situations in which the pedestrian is going to be liable.

·         Jaywalking or when you cross in the middle of the street without a crosswalk

·         Crossing against the signals of the traffic – for instance, if there is a red light for pedestrians and you go ahead and cross anyways

·         Entering a highway, which is completely forbidden for pedestrians

·         Entering a street while under the effects of drugs or alcohol

If any of the above is present, the pedestrian might be found guilty and he might be the one who is responsible for the compensation. What is more, he would be able to recover any kind of money for the damages that he’d had to incur as a result of the accident.

Know the reality

Of course, all of these are just on theory. In reality, the situation is much more complicated and it’s always impossible for the driver to get away with no liability what so ever. Even if any of the above is present, if the driver has also breached legislation in some way, he will share the responsibility with the pedestrian. For instance, the pedestrian might have been intoxicated and drugged and he might have crossed during the night on a street outside of town. Obviously, there are a lot of breaches on his behalf. However, if you were driving at a speed which wasn’t allowed either by signs or by the weather conditions, you would share the responsibility.

It’s important to note that accidents of the kind are very likely to result in casualties and fatalities. As unfortunate as this can be, the majority of the pedestrian accidents which happen outside of the city are going to result in death because of the higher speed and the severity of the impact. This is what could trigger a wrongful death claim or a criminal case in certain situations, for instance, when the driver has been highly intoxicated. With this in mind, the necessity of a professional lawyer is definitely considerable. With many experienced lawyers practicing in Cambridge and Hamilton apart from others in Ontario province, finding the lawyer isn’t difficult. You can search online and schedule an appointment for the first free consultation that most of the lawyers offer or get references from friends.