How is fault determined in pedestrian accidents?
Fault in pedestrian accidents is determined by examining traffic laws, driver and pedestrian negligence, comparative fault, evidence, and expert testimony. If you've been in a pedestrian accident, contact Kantor Injury Lawyers for a free consultation.
In Alberta, determining fault in pedestrian accidents involves a thorough investigation of the circumstances surrounding the incident. The process typically includes an examination of the actions and behavior of all parties involved, as well as consideration of the applicable laws and regulations. Determining fault is essential for insurance claims, settlement negotiations, and personal injury lawsuits. The law firm Kantor LLP Personal Injury Lawyers can provide expert guidance and representation in such cases.
Here are the key factors considered when determining fault in pedestrian accidents:
Traffic laws and regulations: Alberta's Traffic Safety Act outlines the rules and responsibilities of both drivers and pedestrians on the road. For example, drivers are required to yield to pedestrians at marked crosswalks, while pedestrians must obey traffic signals and use designated crosswalks when available. A party's failure to comply with these regulations may contribute to the determination of fault.
Driver negligence: Driver negligence is a common factor in pedestrian accidents. Examples of driver negligence include speeding, distracted driving, failing to yield at crosswalks, running red lights or stop signs, and driving under the influence of alcohol or drugs. If it is established that the driver's negligence caused or contributed to the accident, they may be found at fault.
Pedestrian negligence: Pedestrians also have a responsibility to act reasonably and follow traffic rules. Examples of pedestrian negligence include jaywalking, crossing against traffic signals, walking while intoxicated, or suddenly stepping off the curb into traffic. If the pedestrian's negligence played a role in causing the accident, they may be found partially or fully at fault.
Comparative fault: In some cases, both the driver and the pedestrian may share responsibility for the accident. Alberta follows the principle of contributory negligence, which means that a party's compensation may be reduced in proportion to their degree of fault. For example, if a pedestrian is found to be 30% at fault for an accident, their compensation may be reduced by 30%.
Evidence and investigation: Determining fault in pedestrian accidents often relies on evidence such as police reports, witness statements, surveillance footage, and accident reconstruction. This evidence can help establish the sequence of events leading up to the accident and demonstrate which party (or parties) acted negligently.
Expert testimony: In some cases, expert witnesses may be called upon to provide testimony on issues such as traffic engineering, vehicle dynamics, or human factors. Their input can help establish fault by clarifying technical aspects of the accident and providing context for the actions of the parties involved.
Given the complexities involved in determining fault in pedestrian accidents, it is crucial to consult with an experienced personal injury lawyer, such as those at Kantor LLP Personal Injury Lawyers. They can help gather the necessary evidence, navigate the legal process, and advocate for fair compensation for their clients.