Determining Responsibility In A Car Vs. Pedestrian Accident
Few things are more frightening as a pedestrian than being hit by a car. If you have been involved in an accident, chances are you are left with injuries. You will need to make a claim in order to ensure your medical bills, lost income, and pain and suffering is properly compensated for. You may automatically assume the driver is at fault, but this isn't always the case. The following guide can help you better understand your options.
What are your state laws?
Not all pedestrian laws are the same in every state. Generally, drivers do need to stop for pedestrians in designated crosswalks. This doesn't mean that you can simply step out in front of the car if there is a crosswalk, of course – you are expected to practice sound judgment. Some states also treat any intersection, whether or not it is marked, as a crosswalk. In yet other locations, pedestrians can only cross at lighted or marked intersections. Make sure you know your local laws so you can ensure that you were not breaking them at the time of the accident.
Were there any obstructions?
Obstructions can shift the fault to a property owner or even a city entity. An obstruction is something that interferes with the safe crossing of the street. This could be a property owner that has allowed bushes or trees to block the view of the intersection or of a stop sign. Another type of common obstruction is if cars are parked illegally, such as too close to the corner, and obstructing driver and pedestrian views. In some cases obstructions are the result of poor sign placement by the city or by a construction company. The person responsible for the obstruction may be the one you should sue, as opposed to the driver.
Did the driver stick around?
Thinks become complicated if the case is a hit-and-run. Usually without exception, hit-and-run drivers will be found responsible for your damages if they can be found and arrested. The problem is with finding the driver and the vehicle. Traffic cameras and witnesses are your best options for pursuing the person that is to blame. Since you will likely need to pay for treatment out of pocket or via your own health insurance coverage, you will then sue for damages after the fact once the perpetrator has been caught. This may require both a criminal and a civil suit.
For more information, contact a personal injury lawyer in your area. Visit http://www.danielgoodmanlaw.com for more information.