Establishing Liability in Boston Pedestrian Accident Cases

Being the victim of a pedestrian accident is a tough ordeal to have to go through. Not only could the injuries be severe, but the emotional trauma could also have a giant impact on the victim. Given these circumstances, victims are within their rights to file an injury claim to recoup compensation. However, one of the more challenging parts of holding a negligent driver accountable for their recklessness is establishing liability in Boston pedestrian accident cases. Contact a skilled attorney for help with developing legal strategies for assigning liability in a pedestrian accident claim.

Who Can Establish Liability in a Pedestrian Accident?

When establishing liability in Boston pedestrian accident cases, multiple parties possess the power to issue liability. For pedestrian accidents, the police could determine who is liable. In addition, witnesses could also play a significant role in assigning liability. However, the victim of the accident has the power to issue an injury claim against the driver if they believe they were negligent. With the help of an experienced pedestrian accident attorney, they may be eligible to receive compensation for their injuries upon further review of their case.

Difference Between Car Wrecks and Pedestrian Accidents

One of the main difference between pedestrian cases and car accidents is the method behind proving liability. In an auto wreck case, the damage inflicted upon the car would be assessed in order to calculate the amount a victim should recover. On the other hand, in a pedestrian accident case, eye witness accounts and videotapes would take precedence over other forms of evidence when determining liability.

Distracted Driving Impacting Liability

Distracted driving could potentially impact liability in a pedestrian accident case. In order to prove this accusation, it is recommended to obtain the negligent driver’s phone records to verify if they were on their phone at the time of the accident. However, if an attorney cannot obtain these records, it may become difficult to prove this accusation. A person would have to rely on eye witness accounts or a confession to prove distracted driving. If a driver is found to have been distracted at the time of the accident, the victim may receive a compensation award.

The speed of the vehicle affects liability in Boston pedestrian accident cases because going to fast is one reason that someone could be liable and a factor considered when determining liability.

Committing a Traffic Violation

If a driver commits a traffic violation which results in a pedestrian accident, it could profoundly impact liability. Once a person begins to drive, they automatically owe a duty of case to drivers and pedestrians alike. If a driver breaches this duty, it makes it easier for a plaintiff to win a case. If the driver committed a traffic violation, it is safe to assume that they were acting negligently since the law has recognized their breach of duty.

A Lawyer Could Help with Establishing Liability in Boston Pedestrian Accident Claims

Personal injury cases could be difficult to undertake without the help of an attorney. A lawyer with experience in establishing liability in Boston pedestrian accident cases could prove to be of great assistance when gathering evidence to hold a negligent driver at fault for your injuries. Given the time constraint with filing an injury, it is recommended to get in touch with an attorney as soon as possible to get started on your case.