Were You The Driver In A Pedestrian Accident? Defenses You Should Know
If you were the driver of a car involved in an accident with a pedestrian, you may feel as though there's no option to defend yourself. The truth is that you have several options to defend against these charges. A skilled pedestrian accident attorney can help you evaluate the situation and determine if the pedestrian was at fault in any way. Here are a few of the things to consider.
Did The Accident Happen In A Clear Crosswalk?
If the pedestrian involved in the accident didn't utilize a clearly marked crosswalk, your attorney may be able to argue that he or she contributed to the accident by crossing the street improperly. This increases the risk of injury, so there would be some degree of negligence on the pedestrian's part.
Did The Pedestrian Ignore A Traffic Signal?
Particularly in intersections, failing to yield to traffic or crossing without a clear signal to do so can be considered a risk. Pedestrians should only cross in an intersection after receiving a clear 'walk' signal or a traffic light that indicates that it's safe to do so. Crossing against the light is hazardous and means that the victim took some degree of risk that contributed to the accident.
Was The Pedestrian Darting Out Into The Road?
If the victim failed to look adequately both ways before stepping out into the road, you may be able to show negligence on their part. However, you'll need to have clear documentation of this. Look for anyone in the area with a commercial surveillance camera or a traffic camera that picked up the erratic behavior. If you can show that there's no way you could have predicted that the individual was going to step out in front of you at the moment of the accident, you may not be found liable.
Did The Victim Seek Medical Attention?
If the victim refused medical attention at the scene and then later died from his or her injuries, you may be able to reduce your liability. The fact that the individual was reckless about their medical care in the face of the accident may be considered negligence by the courts.
At the very least, even if the evidence doesn't dismiss your liability completely, it may reduce it significantly. Talk with a pedestrian accident attorney today or visit websites like http://www.danielgoodmanlaw.com to find out what kind of defense might be viable in your case. With the right documentation and the help of your attorney, you may be able to avoid otherwise serious charges.