One of the vital aspects of any injury case is to recover the total amount of damages sustained as a result of the negligence of another. Sadly, this is not always possible in cases where the victim bears some type of responsibility. In this type of situation, the victim would not be able to recover the total amount of damages available to them. As a result, it is vital that victims looking to recover compensation should do so with the help of an experienced attorney. A lawyer could help victims prove liability in Charleston pedestrian accidents. Schedule a consultation today to learn more.
Who Determines Liability in a Pedestrian Accident Case?
There are two ways to determine liability in a pedestrian accident case. The first method of doing so involves the criminal system. For example, if law enforcement are call to the scene of the accident, they will try to gather information regarding what led up to the accident. They will do this by speaking with any witnesses and reviewing any footage from nearby security cameras. If possible, they will also obtain testimony from both the driver and the victim. If the police determine that the driver was at-fault, the victim could use the police report to hold the at-fault driver possible.
If liability cannot be proven with the help of law enforcement, then the victim can try to prove liability through the civil court system. The victim can file a claim against the defendant for the damages they sustained. If the case cannot be settled, the case would be heard in front of a jury where the victim can present their arguments and any evidence they have. Once both sides have presented their arguments and introduced their evidence and witnesses, the jury will make a final determination regarding who is at-fault.
What Must a Claimant Do to Prove Liability?
To prove liability, the plaintiff must establish that the defendant owed them a duty of care, that they breached their duty of care, their breach caused a person’s accident, and that the accident resulted in the damages the victim is trying to recoup. For example, every driver owes a duty of care to other drivers and pedestrians by driving their vehicle in a safe and responsible manner. A negligent driver would breach this duty by driving carelessly and without regard for someone else’s safety. Once the plaintiff establishes this breach, they would then have to prove that the driver’s negligence caused the accident. To do this, the plaintiff would have to collect evidence of the accident. Once negligence has been established, the plaintiff would then have to prove that the damages they sustained was a direct result of the accident.
When Would a Pedestrian Be Partially Responsible for their Accident?
Unfortunately, there have been cases where pedestrians have been found partially responsible for their accident. For example, if the victim was jaywalking or crossed the road without permission from the traffic signal, they could be found partially liable for any accident that occurs. If a pedestrian is walking on the sidewalk and are then hit by a vehicle, then the pedestrian would most likely bear no-fault. However, entering a roadway when they are not supposed could cause them to possess some percentage of fault in an injury claim.
Get in Touch with a Legal Professional Today
When you suffer an accident due to the negligence of another, you expect to recover the full amount of damages you sustained as a result of the accident. However, the defense may try to claim that you share some type of responsibility for the accident. If they are successful in doing so, your compensation award will be decreased by the percentage of your fault.
For help with proving liability in Charleston pedestrian accidents, be sure to get in touch with a dedicated attorney today.