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It Is important to note that there are designated places to cross an intersection or to walk and bike. Flashing signs are there to warn you of oncoming traffic and warn traffic that you may be crossing. However, this doesn’t stop pedestrians from becoming victims of vehicle accidents. Immediately after an accident where a pedestrian is hit by a motor vehicle, the well-being and health of the injured will also play a role in their recovery. How is the fault determined in these types of accidents?
Most people blame the driver of the vehicle for the injury sustained however this is not always the case. Sometimes the pedestrian is the one at fault. The courts will need the right information to help determine which one is in the fault if the cases go to trial, and they sometimes do.
If the liability is contested, the individuals may both be determined to be at fault. The court will then need to determine and assign a percentage of the blame to the driver and the pedestrian. After an accident where the pedestrian has been hit and injured, the driver of the vehicle is then considered to be at fault and will need to demonstrate lack of liability in order to move forward. The pedestrian must provide proof that they are involved in the accident and was affected in a negative way.
It Is not always the driver who is at fault in the accident. There may be cases where the pedestrian was jay walking, under the influence of drugs or alcohol when they crossed in front of a vehicle, or they didn’t look both ways before crossing the road, making themselves aware of their surroundings.
This doesn’t mean that the driver has a certain degree of liability to own up to. Pedestrians are also found guilty and damages are sometimes split between the driver and the pedestrian because it is too hard to determine the real story behind what happened. For example, if the judge has awarded the plaintiff $50,000 in damages but can only find them half to blame, the amount awarded in damages can be 50% so each one would receive $25,000 instead of one person receiving $50,000.
Because it is such a fine line sometimes when these types of accidents happen, it’s important to receive representation whenever it is possible. When you have to find representation, look for an injury lawyer in Stouffville who has been representing clients for years and has the knowledge you need them to have in order to trust them with your claim. A lawyer can see that your rights are protected and you have the best chance of winning based on the proof that your lawyer and yourself was able to come forward with.