What defences might be used to challenge liability in a pedestrian accident case?

In a pedestrian accident case, a defendant (typically the driver of a vehicle) may use a variety of defences to challenge their liability. This could include arguing that the pedestrian is also partly to blame, as in some states comparative negligence is a factor. For instance, a driver may claim that the pedestrian was not paying due attention at the time of the accident or that they should have seen the vehicle in time to avoid it. The driver may also claim that the accident was caused by an external factor, such as vehicle malfunction, a broken road due to construction, or an animal that crossed the road. In some cases, the defendant will try to argue that the pedestrian contributed to their own accident by intentionally putting themselves in harm’s way or by taking unnecessary risks such as running in the street. This is a difficult defence to prove, however, and the burden of proof generally lies on the defendant. The defendant may also try to argue that the pedestrian was not at fault because they were in a designated crosswalk, obeyed the rules of the road, and had the right of way. However, the defendant can still be held liable if they were speeding, not paying attention, or driving recklessly. Ultimately, the courts will determine who is liable for the pedestrian accident and, depending on the unique circumstances of the case, the defendant may be found not liable. The key for the defendant is to have a strong defence and demonstrate that they used reasonable care and caution while driving.

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What defences might be used to challenge liability in a pedestrian accident case?

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