Things To Know About Pedestrians Accidents Lawsuits Dealt By Personal Injury Lawyer In Red Deer
Given so many different types of vehicles on the road plying from all sides and often at great speed, walking on the road is not safe anymore. Especially if you are careless and do not follow the road rules accidents are bound to happen and it will all of a sudden injuring you severely. Nowadays, a speeding car hitting a pedestrian is a common scene on the road and is often a breath taking one. However, if this happens to you, then you will have to deal with the medical expenses incurred for you treatment and all for the fault of others.
The liability factor
In such a situation, it will be a wise decision to contact a Personal Injury Lawyer in Red Deer to claim compensation for your unwanted injuries. This is because you will have to prove negligence and liability in order to claim for your injuries and it is not an easy task. Though you may believe as an outsider that the liability,is on the driver to be more careful, the court of law will not necessarily think it in your way. Several angles, situations, perspective and conditions will be reviewed to know exactly who is at fault to cause the accident.
Finding the fault
It is often found by the Personal Injury Lawyer in Red Deer that the driver was careful enough to avoid the accident, but it is the fault of pedestrian that led to the accident. It may be that the injured pedestrian suddenly darted in from of a rushing car or was crossing the road at a place, where it is not designated for pedestrian crossing. It may be that the pedestrian could not see the incoming car standing at the back of a stationery car at the curb while starting to cross the road. In such situations, the driver of the vehicle that hit the pedestrian will have no other way but to hit the victim.
Liability of driver
The liability of the driver will also be adjudged by the Personal Injury Lawyer in Red Deer following the state laws. According to the law every driver is responsible for the way of driving under any given circumstances. In legal terms this responsibility is called the duty of reasonable care or due care. This is the set parameter with reference to the actions of a normal or reasonable person in the same situation to avoid the accident. Any variance will hold the driver liable. Under all conditions, the law states, the driver has to slow down the vehicle when there is a pedestrian is nearby.
Both can be responsible
There are even cases, when it is found that both the driver as well as the pedestrian is responsible in varying degrees for the accident to happen. In such situations, the percentage of involvement is determined and accordingly, the claim amount will be reduced. However, in a few states the pedestrian is not paid anything, if there is any involvement in causing the accident, even if there are substantial injuries. To read more Click Here