How Will Injury Lawyer In Collingwood Determine Fault In A Pedestrian Accident?
It can be quite complicated to ascertain the party at fault in pedestrian accident. Is it the fault of a motorcyclist when they hit a pedestrian? Or is it the fault of the pedestrian who crossed at the wrong time or place? Can the accident have been caused due to lack of judgement or speeding? Who is at fault? These are questions that can be asked when you consider any pedestrian accident. To gain proper insurance coverage for medical care and compensation for damages caused, it is necessary to ascertain the party at fault for the accident. An injury lawyer in Collingwood can help you make your case and determine who is actually at fault.
Causes of pedestrian accidents:
There are a number of causes for pedestrian accidents. Some of these can include:
- Detractions
- Recklessness
- DUI (driving under influence)
- Damaged footpaths
- Damages parking lots
- Poor maintenance of footpaths
- Poor attention of the Pedestrian
Whose fault is it?
Once the cause for the accident is determined it can be easy to determine the fault. If the accident was caused due to recklessness to a distracted driver, the fault lies with the driver. In other cases, if the accident was caused, due to poor maintenance of the footpath, the fault may lie with the footpath maintenance company. The accident can also be the pedestrian’s fault if they were not paying attention.
A pedestrian is eligible to collect damages, if the injuries caused were by a negligent driver or an inefficient maintenance service. A personal Injury Lawyer in Collingwood will help you recover these damages by establishing something known as ‘Duty of Care’.
What is ‘Duty of Care’?
Every driver has a duty while they drive. This duty includes, keeping in mind traffic rules and laws, safe driving and special care for children pedestrians. As children are more prone to pedestrian accidents, all drivers have to show proper care, while navigating a vehicle around a child and in areas, around schools and residences.
Owners of sidewalk management companies and parking lots also have a ‘duty of care’ which related to the maintenance and safety of their areas. There should be adequate warnings and signs to show danger where necessary. To prove breach of ‘duty of care’ a personal injury lawyer in Collingwood should be able to show that the party was negligent.
How to protect a claim?
Insurance companies may not agree with your claim even though it is evident that the damaged caused to you was by another party. In some cases, the pedestrian can be shown at fault for the entire accident. To avoid this a few steps should be taken.
- Get a police report files as soon as the accident occurs.
- Get the contact information of any eye witnesses.
- Avoid making statement to any party, only make statement when the lawyer is there
- Only accept settlement offer that your injury Lawyer in Collingwood has looked over and approved. For more information visit Our Website