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The truth is that the majority of cars are usually going to collide with other vehicles. However, this is not always the case. What happens when a motor vehicle hits a walking pedestrian who is completely unprotected? Unfortunately the consequences are almost always rather devastating. However, let’s take a look at the things that you might want to take into account.
Assigning fault
Even though in the majority of cases the driver is going to be the party which is at fault, this is not always the situation as there are particularly complicated occasions. Legally, the driver is absolutely obligated to yield pedestrians when there is a thoroughly marked crosswalk. What is more, crosswalks are implied on certain locations and they don’t need to be marked. This is stipulated in the traffic code. Furthermore, the driver is also obligated to mind all sorts of signage on the road including to take into account the maximum allowed speed, stop signs and many of the kind. Failing to comply with the aforementioned regulations is definitely going to place him at fault.
However, as we mentioned, there are cases which are far more complicated than that. For instance, if a driver has taken into account every single piece of regulation yet a pedestrian, who is drunk or under the influence of drugs jumps out of nowhere on the road where there isn’t the slightest mark of crosswalk – the driver couldn’t be held liable. Furthermore, if the pedestrian was, for instance, committing a crime that he was running away from and he had put himself in harm’s way while doing so there is no legal standpoint to hold the driver accountable. However, there are other things to be considered as well.
Hit and run cases
Even if the driver wasn’t liable for the accident, he might still be responsible for the damages and he might even be brought on more serious charges. For instance, if he was in compliance with all the regulations yet he hit someone but failed to stop and drove away. This is going to make him liable automatically. There are certain situations which may dull the responsibility but the courts are regularly very stringent in situations of this type. You can consult a lawyer and get your case evaluated.
However, if he did everything by the book, he stopped and helped the pedestrian, called the necessary emergency services and did everything that’s within his reach to help; the court might actually find the driver not to be responsible for the accident. Nevertheless, a personal injury lawyer is going to be of great help in cases of this type as they are regularly very complicated and require thorough knowledge of the law. Most of the lawyers prefer to evaluate the merits of the case before they take it on. This ensures that the chances of winning the case are higher.