How is negligence determined in a pedestrian accident case?

Negligence is determined in a pedestrian accident case by examining the factors surrounding the incident. In South Carolina, the legal concept of negligence is used as the basis for a lawsuit. A person is deemed negligent when they fail to exercise reasonable care and that failure ends up causing injury to another person. When determining negligence in a pedestrian accident case, the court examines the following factors: Was the pedestrian acting reasonably by crossing the street at the proper place and in the proper manner? Was the driver paying proper attention to the road, was the driver driving at an appropriate speed, was the driver aware of the pedestrian? The courts also consider the “contributory negligence” of the pedestrian. Contributory negligence is when a pedestrian fails to take reasonable care of themselves, such as not looking both ways before crossing the street or not wearing light clothing in the nighttime. The court will usually apportion blame based on the negligence of both the driver and the pedestrian. In addition, the court looks at the circumstances of the accident itself. If it is a hit-and-run situation, or if the driver was under the influence of alcohol or drugs, this could be taken as proof of negligence on the driver’s part. Similarly, if the driver was texting or talking on the phone instead of paying attention to the road, this could be considered negligent. Overall, the court weighs all of the facts to determine the degree of negligence and apportions blame accordingly. As a result, a pedestrian who suffered injury due to another party’s negligence could be entitled to compensation for their injuries.

How is negligence determined in a pedestrian accident case?

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