Pedestrians have the right of way in most situations. Drivers need to respect the rights of people on foot and take the proper precautions to prevent accidents. Unfortunately, this does not always happen. In many cases, a negligent, reckless, or distracted driver might hit someone on foot and cause substantial injuries.
After this kind of crash, understanding liability and proving the driver is to blame can be a unique challenge. In some cases, the defendant might try and argue that you, as a pedestrian, were partially or fully responsible for the collision. If you find yourself in this situation, a dedicated legal representative can help you grasp the concept of liability in San Antonio pedestrian accident cases, which helps you preserve your right to financial compensation.
There are many ways to prove that a driver needs to assume all liability for a pedestrian accident. All tactics revolve around demonstrating that the motorist was negligent; engaging in behavior that they should not have been doing.
Any driver who fails to respect the speed limit might not have enough time to see a crossing pedestrian. Therefore, any evidence of speeding or driving too fast for the road in question could help a plaintiff prove that the motorist needs to assume liability. Video footage or speed camera evidence would strengthen a pedestrian’s standing and prove that negligent driving definitely led to the crash.
Operating a motor vehicle while distracted behind the wheel is another concrete example of negligent behavior that causes pedestrian accidents. If a claimant can reveal that a driver was texting, diverted by a conversation, or preoccupied with their radio at the time of the crash, the defendant would likely have little room to argue. Cell phone records are invaluable evidence in these situations.
Finally, failing to respect basic traffic laws is another form of provable negligent behavior that an injured pedestrian can use to establish the defendant’s liability. For instance, if a motorist fails to stop at a red light or hits a pedestrian after running a stop sign, a claimant could use the police report, witness testimony, or any available video footage from nearby businesses to hold the defendant accountable. A tenacious San Antonio attorney can help an injured pedestrian compile, analyze, and implement all the evidence they need to establish a driver’s liability and win their unique case.
The concept of comparative negligence, which refers to when a plaintiff’s financial compensation is reduced based on their level of involvement in an accident, has a large impact on local pedestrian accident cases.
To begin, if a pedestrian is more than 50 percent responsible for the crash, they would be barred from collecting any monetary damages. On the other hand, if a claimant is less that 50 percent to blame but still shares some responsibility, their award would be impacted. For example, if the damages awarded in the case total $100,000, a pedestrian who is 20 percent responsible could only collect $80,000.
There are a number of situations that might make a seemingly innocent pedestrian responsible for an accident. If they suddenly crossed the street at an intersection where a vehicle had the right of way, or if they crossed somewhere dangerous, they might face partial liability for their injuries. Additionally, if they suddenly jumped in front of a car that was backing out of a parking spot, the strength of their case might suffer.
Being accused of engaging in these behaviors and contributing to a pedestrian accident can be incredibly frustrating, but a detail-oriented San Antonio lawyer can help a client combat manipulative claims and demonstrate that they should not face any blame.
When you get hit by a car while walking carefully, you should not have to worry about how you will recover and prove your case. You deserve one of our hardworking team members to collect evidence and demonstrate that you were following all the relevant laws.
When you work with our skilled lawyers, you can effectively prove liability in San Antonio pedestrian accident cases and get started on collecting the financial compensation you deserve. It is best to begin as soon as possible, so reach out to our office today to schedule your consultation.