Understanding The Duty Of Care In A Pedestrian Accident

Pedestrian accidents are among the most serious types of accidents that can occur because the pedestrian is almost guaranteed to face serious injury, broken bones or even death. Many people often hear about how pedestrians have the right of way when crossing the road, but it is important to remember that there are very clear rules regarding the ways in which pedestrians and vehicles interact. Sometimes pedestrians are at fault in a pedestrian accident, and other times the car drivers are at fault. Understanding the duties of care that each party holds in an accident can help you determine who is at fault in the accident.

Pedestrians Are Still Expected to Take Reasonable Precautions When Crossing Roads

It is important to remember that all parties must exercise reasonable precautions when pedestrians and motor vehicles interact. Any negligent or reckless behaviors, such as looking at your phone instead of the road or speeding, generally are not found to be within the duty of care that either party owes to the other.

There are a few instances in which pedestrians can be at fault for breaching their duty of care, such as ignoring signs at an intersection or failing to use designated crosswalks. However, there are many more issues that drivers may be responsible for, including failure to yield, disregarding weather conditions, driving while impaired and more.

The duty of care owed by parties in an accident are extremely important in determining who was negligent or at fault in an accident, which is why it is in everyone's best interests to understand the duty of care. If you live in Virginia and you are injured in a pedestrian accident, consider meeting with an attorney to learn more about your rights. An attorney can also help you establish a timeline of events to further prove who was at fault in an accident and how serious your injuries are, ensuring that you receive the maximum amount of compensation that you deserve.

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