A crucial step in any successful personal injury case is establishing which party involved in a particular accident is responsible for the resulting damages. Liability in Glastonbury pedestrian accidents is usually easy to establish, as the driver involved is almost always the negligent party. Still, certain factors may affect an injured pedestrian’s ability to collect compensation. For help with establishing liability, reach out to a seasoned pedestrian accident lawyer.
How a Police Officer May Help Establish Liability
A police officer called to the scene is the first person to assess liability in a Glastonbury pedestrian accident case. It is the officer’s job to recreate the accident scene, interview witnesses who saw the collision take place and collect as much information as possible.
The police officer speaks with witnesses and talks to both the pedestrian and the driver to collect the narrative version of the event. They may also examine the pedestrian to identify the parts of their body that are injured and determine how the injuries fit into narrative description. The officer also looks at the vehicle and locates the points of impact on the vehicle. They also investigate the road for skid marks and look for other information about the road conditions, the area, and the time of day in which the accident took place.
How Liability Differs in Car Accidents and Pedestrian Accidents
Liability in a Glastonbury pedestrian accident case is usually more apparent than a multi-vehicle car accident case. The driver has a duty to look out for pedestrians in the road, particularly in a crosswalk or other areas where they might be present.
When a driver collides with a pedestrian, it is presumed that the driver failed to keep a reasonable lookout. Whereas, in car crash cases, sometimes the facts about what caused the accident are difficult to ascertain. For example, the location of the other car, the drivers’ use of their brakes, and where the accident happened on the road could be subject to dispute.
Factors Affecting Liability in a Pedestrian Accident
There are several factors that may affect liability in Glastonbury pedestrian accidents. An experienced attorney could investigate how each of these factors applies to a plaintiff’s case.
If the vehicle involved in the pedestrian accident is going faster than the posted speed limit, that could create a stronger liability scenario because the driver violated their duty to keep a reasonable lookout to look for pedestrians in the road.
Connecticut law prohibits the use of handheld cellphones while operating a motor vehicle. If the driver was texting or talking on the phone, they are likely to be found negligent for the impact.
When a pedestrian does not pay attention and is distracted, that could reduce the driver’s liability and perhaps reduce the compensation the pedestrian might receive. If the distracted pedestrian is found to be entirely responsible for the collision because they walked into the street without looking, they may not be able to establish the driver’s liability for the crash.
Presence of a Crosswalk
When a pedestrian is hit in a crosswalk, the liability in the case is relatively easy to establish. Drivers have a duty to stop for pedestrians in the crosswalk. If a crosswalk is made available to a pedestrian and they chose not to use it and cross further up the street, that could establish negligence on the part of the pedestrian.
How a Personal Injury Attorney Could Work to Establish Liability
Establishing liability in Glastonbury pedestrian accidents may require legal assistance. If you are experiencing injuries after being struck by a car, an experienced pedestrian accident attorney could help prove negligence on the part of the motorists. A lawyer could review police reports, witness statements, and other evidence and build an effective case to hold the responsible driver accountable. Call today to learn more about how an attorney could help you.