When proper safety procedures aren’t followed and vehicles aren’t driven in a safe manner, these vehicles can easily become deadly weapons. This is especially true if the vehicle slams into a pedestrian. All pedestrian accidents can be serious. These accidents can lead to serious injuries or even death. For that reason alone, it is vital that all motorists drive in a safe manner.
When a pedestrian is struck by an vehicle, the pedestrian might opt to seek compensation if he or she is injured. The compensation doesn’t stop at covering medical bills, You might opt to seek compensation for missed work and other costs that are attributable to the accident. In fact, this is possible in all pedestrian accidents that are caused by the negligence of someone else, even if the accident wasn’t caused by a motorist.
When you are seeking compensation for a pedestrian accident, there are a few factors that have to be considered. You had to have suffered harm in the accident, and the defendant had to fail in their duty to act in a safe and careful manner. That responsibility is considered the duty of care. In some cases, your activities at the time of the accident are considered because of the concept of contributory negligence.
Contributory negligence means that if you are found to have some fault in the accident, your compensation could be reduced based on the amount of fault you had. This means that if you were jaywalking and were hit by a speeding car, you might be found to be partly liable, and your compensation would be reduced.
Understanding all of these factors is vital in pedestrian accident cases. This can help you as your case moves forward through the system.
Source: FindLaw Canada, “Pedestrian accident basics,” accessed July 27, 2015
