What are some common defences in a pedestrian accident case?

In South Carolina, a pedestrian accident case could be potentially defended in a variety of ways. Common defences typically used to challenge a pedestrian accident case include contributory negligence, comparative negligence, and assumption of risk. Contributory negligence is a legal defence which claims that the plaintiff (the pedestrian) contributed in some way to the accident and therefore shared responsibility for the damages. The court will evaluate the degree of the plaintiff’s contribution to the accident, and if it is determined that negligence was in the plaintiff’s part, a reduced or dismissed award could be granted. Comparative negligence is another legal defence where the court looks at the degree of negligence by both the plaintiff (pedestrian) and the defendant (driver). The percentage of the fault of each party involved will be assessed and the plaintiff’s award may be reduced or dismissed if it is determined that the plaintiff was partially or mostly at fault for the accident. Assumption of risk is another defence where it is claimed that the pedestrian had knowledge of the risks of crossing the street, yet still decided to do so without taking the proper precautions. This defence may also potentially reduce or dismiss the claim. It is important to note that defences such as contributory negligence, comparative negligence, and assumption of risk may provide a defence to a pedestrian accident case, but the court will ultimately determine the degree of fault by both the plaintiff and the defendant. It is always advised to contact a qualified and experienced lawyer to help navigate the legal process.

Related FAQs

What are some common defences in a pedestrian accident case?

Related FAQs

Related Blog Posts