When a pedestrian gets in a traffic accident, they are more likely to suffer serious injuries compared than someone inside the motor vehicle involved. However, that does not mean that courts will always side with a pedestrian during civil litigation over this sort of incident, even if that pedestrian suffered serious and debilitating injuries as a direct result of the wreck.
Liability in San Jose pedestrian accident cases revolves around proving negligence by at least one other person involve. Depending on the circumstances, multiple people may be responsible for a pedestrian injury based on “negligent” behavior. A diligent pedestrian accident attorney at the Solution Now Law Firm could help make sense of your unique situation and building the strongest possible claim around it.
Of course, the most likely person to be found at fault for a collision case in San Jose is a driver who acted recklessly or carelessly behind the wheel and struck the pedestrian as a result. Additionally, the subjective “severity” of a driver’s irresponsible act has no bearing on their legal liability for a pedestrian’s injuries. Drivers who cause harm by flagrantly breaking traffic laws are just as liable for damages as drivers who cause harm through a momentary lapse in concentration.
It is also common for various third parties to hold partial or even primary liability for this sort of incident. For example, if a driver strikes and injures a pedestrian because their brakes suddenly failed while approaching a crosswalk, fault for the incident might lie with a mechanic who failed to identify those faulty brakes or a manufacturer who produced defective components. Likewise, it is sometimes possible to hold local government bodies liable for failing to maintain roads in safe condition for pedestrians. This especially applies if a lack of sidewalk maintenance led to a pedestrian having to walk dangerously close to an active roadway.
On the flip side, an injured pedestrian can be found partially liable for any damage in the case if they were negligent in some way themselves prior to the wreck in San Jose. For example, a pedestrian could contribute to causing an accident by entering a crosswalk without a signal, stepping out into traffic suddenly, or doing something else irresponsible. In any of those situations, a court may assign a percentage of comparative fault to the pedestrian when they try to file a civil claim over their injuries.
Then, based on that percentage, the court—or an insurance company acting with the knowledge that a court would support them if needed—can proportionately reduce the total compensation awarded to that injured person. This is often a major stumbling point when it comes to proving liability for these cases, and one with which an attorney could provide crucial help.
Holding someone else legally liable for injuring you while you were walking can be challenging under the best of circumstances. Legal and practical obstacles are likely to come up on your way towards civil recovery, each of which can make the legal process much more difficult.
Fortunately, you have help available with proving liability in San Jose pedestrian accident cases from dedicated attorneys who will put you and your best interests first throughout your claim. Call the Solution Now Law Firm to learn more.
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