An Augusta accident can change a person’s life. Pedestrians are usually vulnerable on the road. Drivers have responsibilities towards other road users. One of them is exercising caution on the road around pedestrians. Drivers also have to yield the right of way to pedestrians when crossing a designated crosswalk. These rules also help the best Augusta accident lawyers determine who was negligent in a car accident.
However, although drivers have a duty of care, pedestrians also have some duties and obligations on the road. If you’re a pedestrian in an accident and you’re wondering who’s at fault, you’re not alone. Many pedestrians wonder this when involved in a car accident. Luckily for you, the car accident lawyers at Ted A. Greve and Associates will walk you through all you need to know as a pedestrian in a car accident in this article.
When Does a Pedestrian Break the Law?
Like motorists, pedestrians also need to follow some vehicle and traffic laws while on the road. When you fail to obey these laws as a pedestrian, and it causes an accident, you’re partially at fault for the occurrence. Some of the actions that translate to a pedestrian breaking the law include:
- Disregarding traffic signals and signs
- Walking on roads where pedestrians are not allowed, like the highway
- Crossing or jaywalking without checking for cars on the road
- Walking distractedly without paying attention
If you’re a pedestrian and you’re not sure whether you broke traffic laws, then you should always consult an Augusta accident lawyer to help you with the investigations.
How to Prove Liability in a Pedestrian Accident
After a car accident involving a pedestrian, there’s a need for evidence to prove who was at fault. Below are some pieces of evidence that would come in handy.
Photos and Video Footage
Most crosswalk areas usually have surveillance cameras, especially in cities. If a car accident occurred in such an area, cameras could help you see the accident. It will also help the police and the Augusta accident lawyer establish what happened.
This is an essential part of the evidence and is usually valuable to proving who was at fault. Eyewitnesses at the accident scene can provide you with verbal and written testimony whether the driver or the pedestrian was at fault.
Expert testimony is another way to prove who was at fault in a car accident involving a pedestrian. Hiring an accident reconstruction expert can help determine who is at fault. They can testify in court, proving the pedestrian or driver was at fault.
Comparative Negligence in an Augusta Accident Involving a Pedestrian
Drivers have the responsibility of driving carefully around pedestrians. There’s a chance that the driver was speeding or driving distractedly and failed to see the pedestrian. However, pedestrians can also share some of the responsibility. In cases where both parties share fault, they will enter into a comparative negligence case.
Negligence laws state that if the driver had been attentive, they would have stopped the car in time and prevented the accident. In other words, both the pedestrian and the driver can share comparative faults.
In such a case, the court will reduce the compensation in proportion to your responsibility for the accident. The best Augusta auto accident lawyer can help you get the best possible settlement in your case.
Damages You Can Claim in an Augusta Accident Involving a Pedestrian
Like every other personal injury case in Augusta, you can claim economic and non-economic damages. Victims can claim several damages, and below are some of them.
- Medical bills
- Lost wages and benefits
- Emotional pain and suffering
- Property damage
- Physical pain
The worth of these damages usually depends on several factors. How the accident happened and the scope of the loss matter in determining the worth of your claim. The people involved and comparative negligence also factor into calculating the value of your claim.
Call an Augusta Car Accident Lawyer Today!
Drivers and pedestrians possess a duty of care towards each other. Whoever fails to live up to their duty of care is responsible for the damage. Drivers have to follow the road rule and can cause an accident involving a pedestrian when driving drunk or distractedly. Sometimes, both parties are liable for the accident and usually share the damages.
If you’re a pedestrian involved in an auto accident and you’re not at fault, you should contact an experienced Augusta accident lawyer to represent your case. We understand the law and can work with you to get you the best settlement. Book a free consultation with our expert lawyers to learn more.