Personal Injury Accidents in Georgia or Tennessee that involve pedestrians can be far-reaching, complex cases.
Whether you hit a pedestrian, were hit by a car, or slipped and fell on someone else’s property, there are certain things you need to know if you want to make sure your legal rights are protected.
When investigating and putting together a lawsuit in an accident involving a pedestrian, there are aspects that must be proven.
These aspects include proving fault, negligence, and a Breach of Duty of Care.
Who is at Fault?
Determining fault in a pedestrian accident is similar to many other types of personal injury accidents. The main factor to figure out is negligence.
"Negligence is the failure to do or not do something that a reasonable person in a similar situation would, to protect others from foreseeable risks."
To determine negligence in a Pedestrian Accident, there are certain elements that must be shown to the courts.
First, the victim must show that the defendant owed a legal duty to the plaintiff.
Second, that the defendant failed to fulfill that duty through their actions.
Third, the accident was caused by their actions. Fourth, the plaintiff was injured as a result of the negligence that led to causing the accident.
Liability for the accident must also be shown to the courts in a personal injury case that involves a pedestrian.
In an accident involving a pedestrian, there may be multiple parties who are liable, including:
- The drivers of the vehicles participating in the accident.
- The pedestrian
- the entity responsible for maintaining the property if it was a contributing factor to the accident.
Once fault and negligence have been established, you must then look at whether there was a breach of Duty of Care by any of the parties involved in the accident.
What is Duty of Care?
The duty of care applies to both the drivers of vehicles and pedestrians in personal injury accidents. Both parties are responsible for following the rules of the road, and if they do not, they have breached their duty of care.
The Duty of Care that the pedestrian has in an accident includes:
- Ignoring signals at an intersection
- Not using crosswalks
- Disrupting the flow of traffic
- Running out in front of a vehicle
If a Pedestrian violates their Duty of Care, they may be held partly or wholly liable for their accident and not be entitled to compensation.
The Duty of Care that a Driver has in an accident includes:
- Reckless Driving
- Distracted Driving
- Driving under the Influence
- Failing to use Signals
- Disregarding dangerous road conditions
If the driver of the car is found to have breached any of their duties, they may be held liable for the accident and owe the victim compensation for the accident.
Pedestrian Accidents not Involving a Motor Vehicle
Premises liability accidents are also considered pedestrian accidents, and follow a lot of the same standards and duty of care concepts as other personal injury accidents.
"Premises liability refers to the responsibility of a property owner to maintain a safe environment, and if they have failed to do so, they may be held liable if someone becomes injured."
For a pedestrian to get compensation for a premises liability accident, it must be shown that:
- The property owner created the unsafe condition
- The property owner was aware that it was unsafe and did not correct it.
- The unsafe condition had existed for a long enough time to where they should have corrected it, thus preventing the accident from occurring.
If these three points can be made in a premises liability case, then the property owner will be held liable and owes the victim compensation.
What to do if you are involved in a Pedestrian Accident
If you have been involved in a pedestrian accident, there are certain steps that you should take to protect your legal rights and ensure the safety of everyone involved. The steps that you should take are:
- Call the Police
- Stay at the scene of the Accident
- Talk to any witnesses and ask them to stay and give a statement to the police
- Do not make any statements to anyone about the accident until you have spoken with an attorney.
Being involved in an accident can be a scary situation and cause physical, emotional and financial hardships for those involved.
No matter what type of accident you have been in, speaking with an experienced personal injury attorney is the best way to get the information you need and protect yourself from a legal standpoint.
If you have been in an accident as a pedestrian in Georgia or Tennessee and would like to speak with an attorney, you need to contact The Roth Firm.
Click on the link below and receive a free legal consultation with a personal injury attorney today.