It is common to hear of accidents involving pedestrians. In such instances, there is need to determine who is at fault of contributing to the accident. As a pedestrian, one has the right to seek compensation for the injuries sustained and the settlement will depend on where the blame for the accident rests, that is, if it rests on the shoulders of the pedestrian, then he or she may not receive compensation unlike when the driver carries the blame. In fact, the driver may decide to sue the pedestrian especially if he or she sustained some injuries or some damage was caused and requires compensation for the same. However, the claim is as good as the lawyer who handles it. Choosing a qualified lawyer such as those found at Hecht Kleeger & Damashek, P.C does increase the chances of winning the case.
How is fault determined in an auto accident?
It is easy to assume that the driver is at fault when a PEDESTRIAN ACCIDENT happens. However, the determination of fault is not as direct as it may seem. The accident could be a mistake by the pedestrian or the driver or it could be a shared mistake between the two parties. Importantly, the witnesses do not make the decision on who is at fault during an auto accident but rather an insurance adjuster or a juror does gather all the necessary information to decide who was at fault. These people have much to consider in reaching a decision including listening to the stories of both the driver and the pedestrian, checking reports from the police, and checking that the laws that apply on the road are followed including issues with speed limits. If the driver is at fault, then the pedestrian can claim compensation from driver’s auto insurance or from his or her health insurance covers. Engaging quality lawyers such as those from Hecht Kleeger & Damashek, P.C will make it easier to win any fight made by the insurer.
When is the pedestrian at fault?
In different circumstances, the pedestrian could be at fault and therefore have no right to claim compensation. If the person was crossing the road from the center of the road rather than using crosswalks, then he or she is to blame. Similarly, failure to observe the traffic signals by the pedestrian puts him or her at fault. There is also the issue of being intoxicated when using the road. A pedestrian who is injured while walking along highways or bridges will also not have the right to claim since these routes are usually prohibited.
Accident from a construction site
When the accident happens at a construction site and one sustains some construction injury, then it will be necessary to file a claim demanding to be compensated. However, in this case, it is necessary to get a construction lawyer instead of an auto or general lawyer. An attorney who has specialized in construction law will be best suited to handle the case since he or she understands the details better. You can get a specialized lawyer from Hecht Kleeger & Damashek, P.C firm and be sure of quality representation.
Business Name: Hecht Kleeger & Damashek, P.C