Cubbon & Associates
Proving fault in pedestrian vs. motor vehicle accident
Most of the time when a pedestrian vs. motor vehicle accident occurs, the driver is found to be at fault. However, sometimes the pedestrian is the one who caused the accident. Our world is filled with distractions to which we can all fall prey, even those who choose to walk instead of drive. Let's look at a couple of scenarios in which a pedestrian may have caused a motor vehicle accident.
You are driving in Toledo when suddenly a pedestrian using his or her cellphone steps out in front of you. You apply your brakes to avoid the pedestrian and a car hits you from behind. Unfortunately, you still collide with the pedestrian as well and everyone involved in the wreck suffers injury.
You are driving near the city during a rain shower when a person on the sidewalk veers into your car's path. As in the example above, the pedestrian is texting or otherwise focusing on an electronic device. You try to apply your brakes but the wet road sends you out of control and you collide with an oncoming motor vehicle. You and the occupants of the other car suffer serious personal injury because of the collision.
In both of these examples, you have a good chance of proving that the pedestrian caused these motor vehicle accidents. Negligence is the hinge point of any personal injury case. With the right injury attorney and adequate evidence, it is possible to show the court that the accident was not your fault. This not only protects your driving record, it gives you the opportunity to seek compensation for your injuries.
We want all Ohio residents to understand how important it is to search all avenues for an effective remedy when serious injury or wrongful death has changed your life. Browsing our website is a great place to begin learning more about how the law can help you find recovery.