What are some common defences in a pedestrian accident case?

In Washington State, there are several common defences that a driver may use in a pedestrian accident case. The most common defence is that the pedestrian was the one at fault. To prove this, a driver must show that the pedestrian was negligent, or careless, in their actions leading up to the crash. This might include the pedestrian failing to look both ways before crossing the street, crossing against a signal light, or stepping into the path of an oncoming vehicle. Another common defence is that the driver was not at fault due to unavoidable circumstances. This can include situations where a pedestrian suddenly appears in the roadway or a car hits a large pothole or other dangerous obstacle. Thirdly, a driver may claim that they were not driving in a safe or appropriate manner when the accident happened. This could include driving too fast for conditions, failing to obey speed limits, or disregarding other traffic laws. Finally, a driver can sometimes claim that their actions were justified if they had to take evasive action to avoid hitting someone. This defence may be more difficult to prove, as it requires the driver to show that they had no other reasonable choice but to take the action they did in order to avoid a collision. These are the most common defences used in a pedestrian accident case in Washington. It is important to note that each defence may only apply in certain circumstances and must be carefully considered before deciding whether or not they are applicable in your case.

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