Liability in Oklahoma City Pedestrian Accident Cases
Liability in Oklahoma City pedestrian accident cases is complex to establish because many aspects could influence it. As a result, you should speak with a legal representative if you were struck by a car. A seasoned attorney could help you build a case that establishes fault on the part of the reckless driver who hit you.
Who Establishes Liability?
In most cases, the jury decides whether a driver is liable in Oklahoma City pedestrian accident cases unless both parties agree to a trial by a judge. However, most car wreck cases or pedestrian accident claims are trialed before a jury. The jury determines liability because they are the decision-makers. The two parties cannot determine liability, so they must appear in front of a jury to identify who is at fault and by what percentage.
How is Liability Determined?
Jurors must decide who is liable based on the facts of the situation. If the driver was not using reasonable care or breaking a traffic law at the time of the accident, their behavior may implicate that they are responsible. Specifically, in pedestrian accident cases, a jury may review statutes to assess whether if the injured party had the right of way in the crosswalk, which also may hold a motorist liable.
The speed of the vehicle may impact negligence in Oklahoma City pedestrian accident claims depending on the situation. If someone is going the speed limit and could have stopped in time to avoid hitting the claimant, this motorist could still be liable even if the pedestrian was contributing to the fault by entering the road.
The level of distraction that a driver has at the time of an accident may also affect liability. If a motorist is distracted, they may not see an individual in time to slow down or stop before striking them, which could make the collision more severe. It is important to note that while a driver committing a traffic violation does not necessarily impact liability if they were speeding, driving erratically, cutting through a crosswalk, or running a red light, that may demonstrate that they were at fault.
A pedestrian may be found responsibly negligent after an accident if they contributed to its cause. For example, if an individual stepped out into traffic or if they were not following signals, they may be partially at fault. Additionally, if a pedestrian was distracted when a car hit them, this could place some of the blame on them. An injured party may cause an accident if they fail to see a vehicle approaching because they are talking on the phone or texting.
The involved parties are allowed to make arguments regarding liability in most cases unless it is admitted. This means that the defendant is agreeing that they were at fault and they are just trying the case on the damages. Contributory negligence may impact liability in pedestrian accident cases if the injured party partially contributed to the cause of the collision. In this case, the court may reduce a claimant’s compensatory award by their percentage of fault. Under state law, if a plaintiff is more than 50% at fault, then they may not be able to recover any compensation.
Contact an Attorney for Help Establishing Liability in Pedestrian Accident Cases in Oklahoma City
Establishing liability in an Oklahoma City pedestrian accident cases can be difficult without an experienced attorney. Fortunately, legal counsel could help determine liability on the part of the defendant by compiling all the evidence, photos, or videos from the scene. Ideally, an attorney could gather witness statements a deposition of the driver to find out their version of what happened. For help on your case, schedule a consultation today.