Role of Personal Injury Lawyer In Sherwood Park In
Pedestrian Accident Cases
It is a common scene on the road, when a rushing car hits a person walking down the road. That leads to severe injuries. However, no matter how the incident is presented the first impression of such accidents is that it is the negligence of the driver of the car. Most people think that the car driver is liable to pay for the compensation of the injuries caused due to accident. The reasons that led to such a situation are considered by the Personal Injury Lawyer in Sherwood Park though the case might differ on further investigation.
Liability of the car driver
Whatever the situation is, the Personal Injury Lawyer in Sherwood Park will investigate thoroughly about the incident after taking up your case. In most of the times it is found that it is the pedestrian who is to be blamed for negligence that caused the accident. As per the role of the driver, the lawyer will consider the law of the state and not blindly believe that it is the driver that is responsible for the accident. All the given circumstances and situations will be considered to find whether the driver was following due care, or was intoxicated or distracted while driving.
Duty of reasonable care
In case of a trial, the Personal Injury Lawyer in Sherwood Park will consider the duty of reasonable care strongly. This duty is set under different parameters that are weighed against a careful and reasonable person. The actions such a person would have taken under the same situation faced by the driver is the primary thing that will be considered. The main logic of duty of care is to judge and put forward an argument against the driver regarding what actions were taken or not taken after knowing that a pedestrian is nearby. Any variance from the set parameters will result in liability.
Liability of the pedestrian
Just as the driver is responsible to be careful while driving, the pedestrian on the other hand must be equally careful as well. The Personal Injury Lawyer in Sherwood Park will consider it is the duty of the pedestrian not to cause any situation that will leave no scope for the driver of the car to prevent a collision. Jaywalking on the road, crossing it where you are not supposed to or darting in front of a rushing vehicle will make you responsible as a pedestrian. If you are found guilty, you may lose your eligibility to claim entirely or a portion of your claim may be reduced.
Both may be guilty
There may be even a few cases when both parties, plaintiff as well as the defendant may be guilty and responsible to cause the accident. In such a situation, the award will be passed on the basis of the percentage of guilt of each of the parties involved in the accident. If your percentage is more than fifty percent, you will lose your claim and if it is below, then the claim amount will be reduced by your percentage of involvement. For more information visit Our Website
Liability of the car driver
Whatever the situation is, the Personal Injury Lawyer in Sherwood Park will investigate thoroughly about the incident after taking up your case. In most of the times it is found that it is the pedestrian who is to be blamed for negligence that caused the accident. As per the role of the driver, the lawyer will consider the law of the state and not blindly believe that it is the driver that is responsible for the accident. All the given circumstances and situations will be considered to find whether the driver was following due care, or was intoxicated or distracted while driving.
Duty of reasonable care
In case of a trial, the Personal Injury Lawyer in Sherwood Park will consider the duty of reasonable care strongly. This duty is set under different parameters that are weighed against a careful and reasonable person. The actions such a person would have taken under the same situation faced by the driver is the primary thing that will be considered. The main logic of duty of care is to judge and put forward an argument against the driver regarding what actions were taken or not taken after knowing that a pedestrian is nearby. Any variance from the set parameters will result in liability.
Liability of the pedestrian
Just as the driver is responsible to be careful while driving, the pedestrian on the other hand must be equally careful as well. The Personal Injury Lawyer in Sherwood Park will consider it is the duty of the pedestrian not to cause any situation that will leave no scope for the driver of the car to prevent a collision. Jaywalking on the road, crossing it where you are not supposed to or darting in front of a rushing vehicle will make you responsible as a pedestrian. If you are found guilty, you may lose your eligibility to claim entirely or a portion of your claim may be reduced.
Both may be guilty
There may be even a few cases when both parties, plaintiff as well as the defendant may be guilty and responsible to cause the accident. In such a situation, the award will be passed on the basis of the percentage of guilt of each of the parties involved in the accident. If your percentage is more than fifty percent, you will lose your claim and if it is below, then the claim amount will be reduced by your percentage of involvement. For more information visit Our Website