How is negligence determined in a pedestrian accident case?

Negligence is determined in a pedestrian accident case by examining the behavior of all parties involved. This includes both the pedestrian and the driver. In Oregon, the standard used in pedestrian accident cases is called the “reasonable person” standard. Under this standard, if the driver of the car didn’t act in a way that a reasonable person would have in the same situation, then they could be found negligent in causing the pedestrian accident. The court will look at a variety of factors when determining whether a driver or pedestrian is at fault. Was the driver’s speed appropriate for the conditions? Did the driver have the right of way? Was the pedestrian paying attention to their surroundings? Was the pedestrian crossing the street in a safe manner? In some cases, a driver may take all the necessary precautions but still be negligent if they fail to check for pedestrians even though they had a duty to do so. If a driver fails to yield the right of way to a pedestrian at a crosswalk or fails to exercise reasonable care in avoiding a pedestrian, they may be found negligent. In addition, the court may also consider any contributing factors that may have resulted in the accident. This could include any distractions the driver may have had or any distractions the pedestrian may have had while crossing the street. Ultimately, the court must look at all the facts of the case to determine whether a driver or pedestrian was negligent in causing an accident. If negligence can be established, then the court can hold the negligent party financially responsible for any injuries or damages that occurred.

How is negligence determined in a pedestrian accident case?

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