How is negligence determined in a pedestrian accident case?

Negligence is determined in a pedestrian accident case in West Virginia by assessing the circumstances of the incident and identifying whether any of the involved parties acted in a manner that was considered unreasonable. This is typically established by analyzing the behavior of all involved parties before and during the incident in order to establish who was at fault. Negligence is determined by considering two factors: duty of care and breach of duty of care. A duty of care is the responsibility of any individual to act in a manner that will prevent harm to another person or property. If an individual fails to meet this requirement, it can be considered a breach of duty of care. When this breach causes harm to another person, it is considered negligence. Examples of negligence may include failing to yield the right of way to a pedestrian, failing to look both ways before crossing the street, driving at excessive speed, not using caution in wet or icy conditions, or failing to follow traffic signs or signals. If any of these situations can be proven in court, negligence can be established and the responsible party may be held liable.

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How is negligence determined in a pedestrian accident case?

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