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Home > Is the Driver Always at Fault When They Hit a Pedestrian?

Is the Driver Always at Fault When They Hit a Pedestrian?

Laws Related to New Haven Pedestrian Accidents

Accidents involving pedestrians and motor vehicles can be devastating, resulting in severe injuries or even fatalities. In Connecticut, where bustling cities like New Haven see a high volume of pedestrian traffic when accidents occur, many wonder who is at fault.

Are the drivers always at fault when they hit a pedestrian? Unfortunately, there is no yes or no answer to this question, as several factors must be considered.

If you are involved in a pedestrian accident and unsure what to do or what steps to take, we are here to help. At Jonathan Perkins Accident Lawyers, we can help you understand your rights and fight for compensation on your behalf. Learn more about determining fault in New Haven pedestrian accidents here.

Understanding the Laws Related to New Haven Pedestrian Accidents

While pedestrian accidents are not the most common incident on New Haven roads, they can be particularly challenging when they occur. Even though drivers are expected to exercise caution and adhere to traffic laws, pedestrians also have responsibilities when crossing roads or walking near busy streets. Understanding the laws and regulations governing pedestrian safety is crucial for drivers and pedestrians to reduce accidents and promote safer roadways.

Establishing Driver Negligence: The Burden of Proof

While contributory negligence may affect the outcome of a case, it is essential to establish the driver’s negligence to hold them accountable fully. Personal injury lawyers in New Haven play a vital role in gathering evidence and building a strong case for the injured pedestrian.

To prove driver negligence, the following elements must typically be demonstrated:

  • Duty of Care: The driver owed a duty of care to operate their vehicle responsibly and attentively, avoiding harm to others on the road, including pedestrians.
  • Breach of Duty: The driver failed to uphold their duty of care by acting recklessly, distractedly, or violating traffic laws.
  • Causation: The driver’s breach of duty caused the accident and injured the pedestrian.
  • Damages: The pedestrian suffered physical injuries, emotional distress, or financial losses due to the accident.

Contributory Negligence: When Pedestrians Share Fault

In Connecticut, the principle of contributory negligence comes into play in pedestrian accident cases. Contributory negligence is when both parties involved in the accident share some fault.

For example, a pedestrian crossing the road against a traffic signal or outside a designated crosswalk may be deemed partially responsible for the accident. In such cases, the driver’s fault might be mitigated, and compensation claims could be affected.

Comparative Negligence in Connecticut: Impact on Compensation

Connecticut follows the doctrine of comparative negligence, which allows for proportional fault allocation between the parties involved in an accident. In cases where both the driver and pedestrian share fault, the compensation awarded to the injured pedestrian may be reduced based on their percentage of fault.

For instance, if a court determines that the pedestrian is 20% at fault for the accident and the total damages amount to $100,000, the pedestrian’s compensation would be reduced to $80,000. Having experienced New Haven personal injury attorneys by your side becomes crucial to minimize fault allocation and maximizing the compensation you deserve.

The Role of Jonathan Perkins Injury Lawyers: Advocating for Pedestrian Rights

Pedestrian accident cases can be legally complex and emotionally challenging. The Jonathan Perkins Injury Lawyers team in Connecticut understands the intricacies of these cases and provides dedicated representation to injured pedestrians. Their experienced attorneys thoroughly investigate the accident, gather evidence, interview witnesses, and consult with experts to build a compelling case for their clients.

Pursuing Justice and Fair Compensation

The aftermath of a pedestrian accident can be overwhelming, with medical expenses, lost wages, and emotional distress taking a toll on the injured party and their loved ones. The goal of Jonathan Perkins Injury Lawyers is to pursue justice and secure fair compensation for their clients, helping them on their path to recovery.

Seek Help Determining Fault in New Haven Pedestrian Accidents

Determining fault in pedestrian accidents in Connecticut is not always a straightforward process. While drivers are expected to exercise caution, pedestrians must also follow traffic rules for safety.

Personal injury lawyers in New Haven, such as those at Jonathan Perkins Injury Lawyers, play a vital role in advocating for pedestrian rights, gathering evidence, and navigating the legal complexities to secure the compensation their clients deserve. If you or a loved one have been injured in a pedestrian accident, seeking legal assistance is essential to protect your rights and pursue justice.

Contact our office at (203) 826-2967 to schedule a free consultation to discuss your claim.

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When is the best time to call a Connecticut lawyer? Now! No matter how big or small a vehicular accident is, you are going to need to know your rights and protect yourself. Know what the Power of Perkins can do for you when you contact our personal injury attorneys in CT today for schedule a free consultation!