When a car hits a pedestrian, most people assume that the driver of the car was likely driving in a manner that was negligent, was not paying attention to the road, and thus hit the pedestrian who was minding his own business. Is this always the case, though? Are car-pedestrian accidents always the result of the driver of the car driving negligently? Or, is it possible that a pedestrian may be fully or partially to blame?
In many cases, a car-pedestrian accident will leave the pedestrian with very severe injuries that could even be life-threatening while the driver of the car has little to no injuries. Because of this, many assumptions may be made regarding who is to blame for the damage caused. However, the attorneys at Wiseman Bray PLLC do not rush to hasty judgments before investigating the facts. It is important to everyone involved in a lawsuit that the attorneys representing both plaintiff and defendant do thorough research before seeking to determine fault. Whether you were driving or walking at the time of your recent accident, know that one of the best auto accident lawyers in Memphis, Tennessee is determined to thoroughly investigate your situation before helping you evaluate your legal options.
How can you determine who is at fault?
For personal injury claims, the most challenging part of proving a case involves clearly showing that the other person (or other legal entity) was the one who was directly responsible for a plaintiff’s injuries and that the person responsible should have been able to avoid causing harm by acting in a reasonable manner. One of the best auto accident lawyers in Memphis, TN can explain how this burden may be met in regards to your case.
When it comes to personal injury accidents involving pedestrians, everyone involved—including the pedestrian—is expected to use reasonable care under different circumstances. Just like the person driving the car, the pedestrian is also expected to obey the rules of the road and look both ways, not walk out in the middle of traffic, and cross at a crosswalk. Thus, if a pedestrian did not exercise this care and instead walked out in the middle of the road while the car was clearly within vision, they may be held at least partially at fault for the accident. Similarly, if the motorist had ample time to avoid the pedestrian but hit them anyway, they could also be considered partially at fault in this scenario. As you can see, the ins and outs of determining fault in pedestrian accidents can be complex, even at first glance. That is why you should strongly consider connecting with one of the best auto accident lawyers in Memphis, TN before making any assumptions about your situation.
In addition, there is a wide array of injuries that can happen to a pedestrian after they get into a car-pedestrian accident, the type of compensation they can expect to receive will vary. Further, the amount of compensation that a pedestrian may receive after filing a claim will also depend on whether the pedestrian is found partially at fault, fully at fault, or not at fault. In general, if individuals are determined to be totally at fault for an accident, they will not recover compensation. However, individuals found to be partially at fault or not at all at fault may recover economic and/or economic damages. A Memphis, TN auto accident lawyer can help to clarify what kinds of damages you may be entitled to, based on your unique circumstances.