There are two different elements that are used to determine whether a driver is liable in a Camden pedestrian accident case. There is a criminal liability and a civil liability.
Criminal liability, A police officer could issue a motor vehicle violation which would be decided upon by a prosecutor and a judge saying whether or not the person is guilty. That is criminal liability. Civil liability is different; it is something that an individual will argue with a personal injury attorney.
Most cases are resolved before a trial and are resolved by way of settlement, but if it the case went to a jury trial, the jury would make the decision about who was liable for that accident.
If you have been involved in a pedestrian accident in Camden and are looking to determine liability, consult with an experienced lawyer as soon as possible. A knowledgeable pedestrian accident attorney in Camden can help make this determination and build a case to help assist in damage recovery.
Making Arguments Regarding Liability
Making an argument for liability in a Camden pedestrian accident differs between criminal and civil.
If an attorney is unable to resolve the claim with the insurance company and has to file a lawsuit, then there will be depositions that are done where both the pedestrian and the defendant driver will have the opportunity to tell their side of the story.
If their case still does not resolve and it goes all the way to a trial, then the individual’s involved will have to testify in front of a judge and a jury about what happened. The jury will then make that decision about who was at fault.
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Pedestrian vs. Car Accident Liability
The difference between determining liability in a Camden pedestrian case versus a car accident case is just that there are different laws that apply. When there is a car accident, there are specific rules and regulations for the roadway that apply to vehicles. In a pedestrian accident, there are rules and regulations that apply strictly to pedestrians.
There are times when a jury could find the pedestrian to be responsible, and that is if a jury were to find out that the person was crossing the street negligently, did so in an undesignated area, ran out in front of the vehicle, or went to an area that was not very well lit. The pedestrian may have been aware of this and they decided to cross the street anyway.
With that being said, it is always a case-by-case analysis when determining who was liable in a pedestrian accident case in Camden.
Relevance of Speed
The speed of the vehicle impacts liability in a Camden pedestrian accident case because if the motor vehicle was traveling above the speed limit, then that is going to be a huge factor in why the accident occurred.
This is especially true when an individual is dealing with residential areas where there is a 25-mile-an-hour zone. The reason there is a 25-mile-an-hour zone in residential areas is because there are usually more people there. When motor vehicles are going above the speed limit and they hit a pedestrian, they are going to be found at fault in the accident.
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Use of Cell Phones
Many instances of distracted driving involve the use of cell phones. No matter where or how fast an individual is driving, they should never be using their cell phone while operating their vehicle. They may accidentally hit a person and cause severe injury.the same reversed where if the pedestrian is not paying attention they are using their cell phone, they are on their phone crossing the street, looking down, and not looking to see if any vehicles are coming.
The same principal applies to a pedestrian who is not paying attention when they are crossing the street. They may not realize if any vehicles are coming toward them if they are looking down at their cell phone. A case-by-case analysis can help determine who may be at fault in a Camden pedestrian accident.
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Presence of Crosswalks
The presence and use of a crosswalk impacts the liability in a pedestrian accident by making for a stronger case on behalf of the pedestrian. This is because the motor vehicle driver should have seen them.
Just because someone is crossing not in a crosswalk does not mean that the driver is not liable, but when a person is abiding by the law as a pedestrian and is crossing in a designated area, there is no doubt that the motor vehicle must yield to that person. If they do not, they are held liable.
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