How is negligence determined in a pedestrian accident case?

Negligence is determined in a pedestrian accident case based on the facts and circumstances of the accident. The defendant’s liability is based on their actions and inactions, which must be compared against what a reasonably prudent person would have done under the same circumstances. The plaintiff must prove the defendant’s negligence, which is generally established by showing that the defendant failed to exercise reasonable care in their actions that led to the pedestrian’s injury. For a pedestrian accident case to be successful, the plaintiff must show that the defendant’s negligence was a substantial factor in causing the plaintiff’s injury. This means that the plaintiff must show that the defendant’s actions were a substantial factor in causing the plaintiff’s injury, not just a minor factor. This is known as ‘proximate cause’ and is a key factor in determining whether or not the defendant is liable for the plaintiff’s injury. The plaintiff may also be able to prove negligence if the defendant had breached a duty of care to other pedestrians. This means that if the defendant failed to observe basic safety or traffic laws when driving or failed to yield the right of way to pedestrians, then they may be found negligent. In Maryland, a driver must yield the right of way to pedestrians in a marked or unmarked crosswalk or at any other intersection. If the driver fails to do so and causes an accident, they may be found liable for the pedestrian’s injury.

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How is negligence determined in a pedestrian accident case?

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