Pedestrian Accident Notes:
In these notes, pedestrian includes a bicyclist. The law puts the responsibility on the driver of an automobile to prove that the pedestrian accident did not occur as a result of the driver's negligence, rather than the usual burden being on the pedestrian to prove negligence on the driver. This is an important advantage to pedestrians, and it is fair because a driver has control of a large piece of machinery that is the automobile and as such, the driver can hurt pedestrians more than a pedestrian can hurt the driver.
The singular most important point I would note in pedestrian collisions is on the issue of whether or not the pedestrian was partially at fault in this type of accident. Did the pedestrian pay proper attention to help herself avoid the accident? Often however, the pedestrian is struck from behind and therefore the pedestrian never saw the car coming. Often too is a dispute about whether it was green light with a walk sign or a no walk sign at the moment of impact. Therefore, often it may become he-says she-says type of dispute. As a result, the pedestrian is at a disadvantaged given her injuries may indeed impact on her memory of what happened in the accident.
In these notes, pedestrian includes a bicyclist. The law puts the responsibility on the driver of an automobile to prove that the pedestrian accident did not occur as a result of the driver's negligence, rather than the usual burden being on the pedestrian to prove negligence on the driver. This is an important advantage to pedestrians, and it is fair because a driver has control of a large piece of machinery that is the automobile and as such, the driver can hurt pedestrians more than a pedestrian can hurt the driver.
The singular most important point I would note in pedestrian collisions is on the issue of whether or not the pedestrian was partially at fault in this type of accident. Did the pedestrian pay proper attention to help herself avoid the accident? Often however, the pedestrian is struck from behind and therefore the pedestrian never saw the car coming. Often too is a dispute about whether it was green light with a walk sign or a no walk sign at the moment of impact. Therefore, often it may become he-says she-says type of dispute. As a result, the pedestrian is at a disadvantaged given her injuries may indeed impact on her memory of what happened in the accident.