How is negligence determined in a pedestrian accident case?

In Washington, negligence can be determined in a pedestrian accident case based on the rules of “comparative negligence.” This means that when determining who was at fault for the accident, both parties’ actions are taken into consideration. For example, if a car driver fails to yield to a pedestrian, but the pedestrian was crossing the street without using the crosswalk, then both parties may be determined to have some degree of negligence in causing the accident. In addition, Washington law states that a driver has a duty to take “reasonable care” to avoid causing injury to a pedestrian. This is usually based on factors like the speed of the vehicle and whether the pedestrian was in a crosswalk or other marked area. For example, if a driver is driving too fast through a residential area, they may be found negligent if they hit a pedestrian in a crosswalk. When determining whether negligence has occurred in a pedestrian accident case, the court looks at all of these factors to determine whether either party acted in an unreasonably careless manner. If so, then the negligent party may be held liable for the damages that were caused by the accident. It is important to remember that even if the pedestrian is partially to blame, the driver may still be held liable for failing to take reasonable care.

Related FAQs

How is negligence determined in a pedestrian accident case?

Related FAQs

Related Blog Posts