Pedestrians are a common sight around the Stamford area. Each of these pedestrians has a duty to keep himself or herself safe, and motorists share that same responsibility. When a pedestrian is struck by a vehicle, the issue of compensation is probably going to come up. For people in this area, understanding the way the law views these accidents is crucial.
Does fault matter in pedestrian accidents?
Fault does have an impact on all accidents in Connecticut when one party is seeking compensation. This state uses a concept known as modified comparative fault to determine how fault impacts any award that might be made in the case. Because of this concept, a pedestrian can seek compensation from the driver as long as the pedestrian isn’t more at fault than the driver. This is determined by assigning each party a percentage of the fault. If the pedestrian is 51 percent at fault for the accident, he or she likely couldn’t seek compensation successfully.
How is fault determined in a pedestrian accident?
The circumstances of the accident are reviewed to determine fault. Typically, a pedestrian who was crossing the street in a crosswalk while having the appropriate signal if one was at the location wouldn’t be at fault for an accident if a speeding vehicle slammed into him or her. That might not be the case if the vehicle was already too close to the crosswalk to stop when the pedestrian entered the crosswalk.
Ultimately, pedestrians who think they have a claim for compensation should have their case reviewed to determine what possible courses of action they have. Once the options are known, the pedestrian can think about each one and decide what to do.
Source: FindLaw, “Pedestrian Accidents FAQ,” accessed Nov. 04, 2016