Determination of Fault When Motorist Hits Pedestrian

Most motorists do their best to avoid hitting any pedestrians. Still, there is always the chance that some walker could suddenly step off the curb, or run out from between 2-parked cars. At that point, it would become necessary to make a determination of fault.

Immediate actions expected of motorist

• See that the injured party is taken to a place of safety
• Contact medical providers, police and the auto insurance company.

Later actions, which should influence determination of fault

Ex-change of contact information: Motorist should provide name and contact information to the injured party, or to any authorities that arrive at the scene of the incident.

Motorist might want to seek out the names and contact information for various witnesses. Ask witnesses to offer their view, regarding which of the 2 parties was more careless, during the moments leading up to the accident. That view would suggest which of them had been more negligent. It is not the motorist’s responsibility to admit fault.

If police were to arrive, those officers would decide whether or not the motorist had chosen to disobey a traffic law. That would be an obvious example of negligence, as per Personal Injury Lawyer in Barrie.

Once back home, the motorist could check on the rules used in the state where the incident had taken place. Did the state apply the principle of comparative negligence of contributory negligence? If it used the latter, then the pedestrian might not have a right to any compensation. If it used the former, then the number of careless actions performed by the walker would determine the amount of the same walker’s compensation.

What happens if a hit-and-run driver injures a pedestrian?

Those in the area should help with taking the injured party to a point of safety. Ideally, someone has taken the license number of the guilty motorist’s vehicle, so that it can be given to any arriving officers.

Later, the injured party is expected to help the police, during a search for the hit-and-run driver. The pedestrian’s efforts to help the police could include buying an ad in a local newspaper. If the pedestrian had no source of insurance, the efforts to find the responsible driver could be combined with an attempt to collect needed funds.

For instance, the injured party could set up a website, one that had some posted videotape. That could be tape from a camera that had caught some of the action at the time of the accident.

The same website could also post some information about protective gear for pedestrians. The company selling that gear could then help with collection of needed funds for the victim. Naturally, visitors to the website would be told how to contact the police and share information.