While drivers must be extra careful when pedestrians are present, pedestrians are not blameless in every situation. In fact, pedestrians may be liable for a driver’s losses after a collision, depending on the case’s circumstances. In this guide, readers can learn about the laws concerning liability in car vs. pedestrian accidents.
A Driver’s Duties
Every driver is responsible for operating a vehicle in a prudent, safe manner. In the area of personal injury law, this responsibility is known as the duty of reasonable care. The driver is held to the standard of what a prudent, careful and normal person would do in similar circumstances. However, when driving, not all situations are equal.
The law stipulates that a person must be careful and that they shall maintain control of a vehicle when they know that pedestrians may be nearby. For instance, someone may drive at the speed limit and still be responsible for an accident if they did not slow down as soon as they saw a child near the road. In these unique situations, both parties could benefit from the advice of a pedestrian accident lawyer in Oahu.
When Pedestrians Are Responsible
A cautious, normal person would take certain steps to avoid hitting pedestrians if possible. However, if a pedestrian acts in such a way that makes it impossible for someone driving in a careful manner to avoid an accident, the jury or judge will find the pedestrian responsible.
For example, if drivers obey the speed limit in a commercial area and a pedestrian steps out in front of a car, the driver will not be held liable in most cases. In fact, even if a driver was going slightly over the speed limit, but the pedestrian still stepped out in front of the vehicle, the driver may not be held liable if a pedestrian accident lawyer in Oahu can prove that there was no way to avoid the collision.
As mentioned earlier, all accidents are different, and not every case has one party that’s completely guilty and one that is innocent. Often, both involved parties may have been acting abnormally. Juries are required to determine how a plaintiff’s actions may have contributed to the accident. Call the office or visit us at Autoaccidentattorneyhonolulu.com to schedule a consultation.
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