How is negligence determined in a pedestrian accident case?

In North Carolina, negligence is determined in a pedestrian accident case by weighing the amount of care each party took to avoid the accident. Generally, a person must take reasonable steps to prevent any foreseeable harm. If a pedestrian was behaving in a way that a normal person of that age would act, then they may be seen as blameless in the court of law. However, if the pedestrian acted in an unreasonable manner that may have contributed to the accident, then they may bear some or all of the responsibility. The court will review the accident details to determine if either driver was negligent. The pedestrian’s actions will be examined to determine if he or she acted in a reasonable manner to avoid the accident. The court will also consider whether the driver was paying attention and if they followed all the traffic laws and used reasonable care when driving. Depending on the circumstances of the accident, a jury may decide to assign negligence to either party or to both parties. When determining negligence in a pedestrian accident case, the court will look at all the facts and make a determination based on the stated laws in North Carolina. If the pedestrian is found to be negligent, he or she may be held liable for any resulting damages from the accident. However, if the driver is found to be negligent, they may be liable for damages stemming from the pedestrian accident.

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