How is fault determined in a pedestrian accident case?

Fault in a pedestrian accident case in South Carolina is determined using a legal doctrine called Contributory Negligence. Under this doctrine, a plaintiff (the pedestrian) must prove that the defendant (the driver) was responsible for causing the accident. In addition to proving that the defendant was at fault, the plaintiff must also show that they did not contribute to the accident in any way. To determine fault in a pedestrian accident in South Carolina, the courts look to the circumstances of the case and examine whether the plaintiff was engaging in “ordinary care” at the time of the accident. This includes whether the pedestrian was obeying traffic laws and sidewalks, was paying attention to their surroundings, and used caution when crossing the street. If the pedestrian acted carelessly, or failed to take precautions to avoid the accident, the court might find that the pedestrian was also responsible for the accident. In addition to contributory negligence, a court may also consider the defendant’s legal standard of care when determining fault in a pedestrian accident case. This means that if a driver was not exercising reasonable care while driving, such as driving under the influence or speeding, they can be found liable for the pedestrian’s injuries even if the pedestrian was not completely free of fault. Ultimately, fault in a pedestrian accident case is determined by examining the facts of the case and considering the legal standards of care. The court seeks to determine which party was the most responsible for causing the accident. If the plaintiff was partially at fault, they may still be eligible to recover damages from the defendant.

How is fault determined in a pedestrian accident case?

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