Pedestrian accidents are distressingly common. Whether they are simple slip-and-fall accidents or they involve motor vehicles, the potential for injury is very high. These cases are often quite complex because of the many factors involved. Three of the more common legal factors are described below.
Type Of Harm
As you might suspect, one of the major factors that complicate a pedestrian accident is figuring out what caused the harm. There’s a huge difference, for example, in what happens after a pedestrian slips and falls on a public sidewalk and what happens when a pedestrian is hit by a car while crossing at a crosswalk. There are even specific issues that arise when pedestrian accidents are caused by different types of vehicles, as different types of liability and duties of care might apply when the accident involves some kind of public transport. This is definitely a complex area of law in which the help of a professional, like those at Bellotti Law Group, P.C., is often needed.
Figuring out liability is often a major part of any case involving a pedestrian. An individual getting injured is not necessarily enough to bring a suit—the other party has to be liable for that injury. In most cases, that means that the person who is responsible for the injury is an individual who has breached some kind of duty of care. Figuring out if the other party actually acted within the bounds of the law is often one of the more complex issues faced in such a suit.
Finally, a pedestrian accident can be further complicated when multiple actors are involved. If for example, a pedestrian is injured by a car when he or she is on the sidewalk, there might be several different potential actors in play. The fault may have to be proportioned among the driver, the pedestrian, and even the owner responsible for that area of the sidewalk. Figuring out who is at fault will ultimately decide who, if anyone, will bear financial responsibility for the injuries caused by the accident.
Any accident involving a pedestrian will be more complex than you imagine. Figuring out who is responsible, who is liable, and what types of harm occurred will take time and effort to ascertain. If you are involved in such an accident, be prepared to answer many questions and, more importantly, be prepared to work with a professional who can help you to navigate the difficult legal processes involved.