Deciding whether a driver is liable in a pedestrian accident case in Clearwater depends on the facts involved. If the evidence shows that the pedestrian was functioning within reason and the automobile driver was not, it will indicate that the automobile is liable for that accident.
Liability for pedestrian cases is not necessarily handled differently in a car accident case. A person still has to prove the various elements of liability for a cause of action and as such should be attempted only with the assistance of an experienced Clearwater pedestrian accident lawyer.
Liability in Clearwater pedestrian accident cases is decided by the judge or the jury unless the parties can make an agreement or stipulate to liability. The party, the judge or the jury tasked with determining liability because someone has to determine whether or not a breach of the duty of care has been established by the charging party. It is normally for the jury to determine the facts.
Liability is determined by determining who has a duty, was that duty breached, and was whoever breached the duty the actual or proximate cause of the damages that the pedestrian experienced. If the answer to that is yes, then that is the standard of Florida for proving liability.
Involved parties having the opportunity to make arguments regarding liability is either at the demand phase when it is still in negotiation or if it is going to litigation it is what is going to happen during the trial phase in front or before the jury.
Factors Impacting Liability
If the pedestrian is found to be acting unreasonably, crossing to one side of a crosswalk, or crossing at an inappropriate time, they may share a burden or a piece of the liability for the injuries that they have sustained.
If the vehicles were operating at a higher rate of speed then that may increase the damages that are caused. They will be taken into consideration when determining the liability for that driver. A driver that commits a traffic violation is deemed to be liable for the injuries that they caused. Because of that traffic violation, the burden shifts to the driver to prove that they acted reasonably.
Regarding liability in Clearwater pedestrian accident cases, crosswalks serve a public purpose. If a party can show that they are walking through the crosswalk at an appropriate time, the burden shifts to the driver to prove that they acted reasonably for whatever the circumstances were at that particular point in time.
Distracted driving happens often. If it can be proven that some driver was on their cell phone, texting or had their faculties distracted by something outside of the operation of the motor vehicle, it may help demonstrate liability of that party for the injuries sustained by the pedestrian.
If it can be shown that the pedestrian was distracted and was not paying attention to what was going on around them, it may demonstrate their liability in Clearwater pedestrian accident case. Therefore, if they acted unreasonably, they share a portion of the liability for their injuries.
Building a Case
A lawyer is going to talk to witnesses, document the scene, identify the injuries that occurred, and be able to corroborate them to standards known for injuries that occur for pedestrians. They will be able to put all of this together for the benefit of their client.
Some of the ways that contributory negligence may impact liability in pedestrian accident cases is determined that a pedestrian is at fault for a portion of their injuries because they acted unreasonably. A judge or a jury will reduce their verdict or award based on the amount of liability that they have for their own injuries.