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Pedestrian accidents have special considerations

Pedestrian accidents are often very serious accidents. It is easy to understand why because you have a very heavy vehicle with a metal frame coming against a person who is flesh, blood and bones. When one of these accidents occurs, it is imperative that the pedestrian understands his or her rights regarding compensation.

There are three primary parties that might be held liable in these cases. One party is the pedestrian, which would be the case if the pedestrian was doing something illegal like jaywalking. The party responsible for maintaining the sidewalk might be liable if the accident didn't involve a vehicle. This would be the case if the pedestrian was injured because of the condition of the sidewalk. The third possibility is the driver of a vehicle that struck the pedestrian, which is the case if the driver acted negligently or recklessly.

The conditions of the accident can impact the claim for compensation. If the pedestrian was in a crosswalk, the driver will likely be at fault because the pedestrian has the right of way. The same might be true in intersections.

Drivers who are speeding, distracted, fatigued or who isn't following the laws of the road can be held liable for the effects of the accident. This is one reason why it is imperative for the police to be contacted so they can determine what the cause of the accident was. Witnesses might also play a crucial role in this. Exploring all possibilities can help pedestrians decide what they are going to do to get the compensation they deserve.

Source: FindLaw, "Pedestrian Accidents Overview," accessed March 03, 2017

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