Both operators of motor vehicles and people traveling by foot are required to meet a certain standard of care to avoid causing harm to others. If a person acts in a reckless or careless manner and causes an accident that injures another person, they could be held legally liable for the resulting monetary and personal losses the injured party suffers.
It is the responsibility of the injured party to establish defendant liability in Chesterfield pedestrian accident cases. This can be difficult to achieve without reliable guidance from a well-practiced attorney. If you suffered an injury while walking, jogging, or running in the area, do not hesitate to reach out to a skilled legal professional.
As pedestrians generally have the right of way, liability in a collision between someone walking and motorist often falls on the driver. It is the responsibility or car and truck drivers to be aware of their surroundings and to follow traffic laws in order to keep pedestrians safe. However, when an accident does occur in Chesterfield, it is the burden of the injured pedestrian to establish the other party is liable.
One way to do this is the obtain the police report from the accident. There is a section in the report that the police officer will cite the probable contributing circumstances that resulted in the accident. This could provide evidence of defendant liability. For example, if the law enforcement official sites that the driver was inattentive, that is proof the motorist violated their duty to drive safely.
However, police reports are not always accurate. Therefore, it is important for an injured pedestrian and their local attorney to gather other evidence of driver negligence, such as surveillance tape, photographs, and witness statements.
Missouri follows a comparative fault system, meaning a pedestrian could be 99 percent liable for their accident, and still recover. However, the recoverable damages will be reduced by the plaintiff’s assigned percentage of blame.
Therefore, it is important for people traveling by foot in the area to follow local traffic laws for pedestrians to avoid partial liability in the event of an accident. A pedestrian may be found partially responsible for the accident if they were jaywalking, walking against traffic, not using marked crosswalks, or darting in front of oncoming traffic.
Even though fault often lies with the motorist, proving liability in pedestrian accident cases is not always easy or straightforward. Failure to provide sufficient evidence could result in you being held partially at-fault and facing a substantially decreased recovery amount.
Fortunately, a savvy injury attorney in the area could help. A dedicated legal representative could help you gather and preserve sufficient evidence of defendant fault and represent your best interests during settlement negotiations. If the defendant and their insurance company fail to offer a fair settlement award, a hardworking lawyer could represent you in trial. Call today to learn more about what our team could do for you.