You’re walking across the street when a car suddenly appears out of nowhere. The next thing you know, you’re on the ground, injured and confused.
Who’s at fault?
The driver?
You?
Or maybe both?
In pedestrian accident cases, the answer isn’t always straightforward.
This is where comparative negligence comes into play. Unlike cases where one party is entirely at fault, comparative negligence considers whether both the driver and the pedestrian share some responsibility. This legal concept can significantly impact the amount of compensation a victim receives. Having an experienced pedestrian accident lawyer on your side can make all the difference in proving fault and maximizing your claim.
Understanding how comparative negligence works is crucial if you’re seeking compensation. Let’s break it down and see what it means for your case.
What is Comparative Negligence?
Comparative negligence, also known as comparative fault, is a legal principle commonly used in personal injury cases where more than one party shares responsibility for an accident. This includes pedestrian accidents where the actions of both the driver and the pedestrian may have contributed to the incident.
Under comparative negligence, each party’s level of responsibility is assessed and compared to determine how much compensation they are entitled to receive. In some states, if one party is found to be 50% or more at fault, they may not be eligible to receive any compensation. In other states, even if one party is found to be mostly at fault, they may still receive a reduced amount of compensation.
How Does Comparative Negligence Impact Compensation?
The impact of comparative negligence on compensation can vary depending on the specific circumstances of each case. Here are a few ways in which it may affect the amount of compensation you receive:
Reduced Compensation:
In states that follow pure comparative negligence, compensation is reduced by the percentage of fault assigned to the victim. For example, if a pedestrian is found to be 20% at fault for an accident and awarded $100,000 in damages, their final compensation will be reduced by 20% ($100,000 x 0.2 = $20,000), resulting in a final payout of $80,000. This rule applies regardless of the victim’s level of fault.
Limited Compensation:
Some states follow modified comparative negligence, which may limit or completely bar compensation if the victim is found to be equally or more at fault than the other party.
For instance, in a state with a 50% bar rule, if a pedestrian is deemed to be 50% or more at fault for an accident, they may not receive any compensation.
Shared Fault:
In cases where both parties are found to share responsibility but one is considered more at fault than the other, compensation may be split accordingly. This means that each party will only receive a percentage of the total damages based on their level of responsibility. For example, if a pedestrian is found to be 30% at fault and the driver is 70% at fault, they will only receive 30% of the total compensation awarded.
Proving Fault in a Pedestrian Accident Case
Proving who is at fault in a pedestrian accident case can be challenging, especially when comparative negligence is involved. It requires thorough investigation and evidence gathering to determine each party’s level of responsibility.
Here are some steps that your lawyer may take to prove fault in your pedestrian accident case:
- Gathering police reports, witness statements, and any available surveillance footage of the incident.
- Consulting with accident reconstruction experts to recreate the scene and determine factors such as speed, visibility, and road conditions.
- Conducting a thorough review of both parties’ actions leading up to the accident, including any traffic violations or negligence on either side.
- Presenting medical records and expert testimony to support the extent of your injuries caused by the accident.
Don’t Face Comparative Negligence Alone
As you can see, comparative negligence can significantly impact the outcome of a pedestrian accident case. That’s why it’s crucial to have an experienced and knowledgeable personal injury lawyer by your side. They can help gather evidence, assess your level of fault, and negotiate with insurance companies to ensure you receive the compensation you deserve.
If you’ve been injured in a pedestrian accident, don’t face comparative negligence alone. Contact a trusted lawyer today to protect your rights and fight for the compensation you need to recover from your injuries.
