How is fault determined in a pedestrian accident case?

Fault in a pedestrian accident case in West Virginia is typically determined by examining the circumstances of the accident. Generally, fault will be placed on the driver if they were negligent in some way, such as failing to yield the right of way to the pedestrian, or not obeying traffic signals. In addition, drivers may be found at fault if they were driving under the influence, or if their actions directly caused the accident. In some cases, the pedestrian may also be found at fault if they were crossing the street outside of designated crosswalks or otherwise acted negligently. In addition to these factors, fault may be based on the outcome of any criminal investigation that may have been conducted. In some cases, a driver may be charged with a criminal offense such as driving under the influence or vehicular homicide if enough evidence is present. If this is the case, then the driver will likely be found at fault and any civil damages will be paid by their insurance company. Finally, the court may also evaluate various mitigating factors, such as the speed of the vehicle, the speed of the pedestrian, the weather conditions, and other factors. Mitigating factors may also be taken into account in order to determine fault, as they can help show that the driver or pedestrian may have only been partially responsible for the accident. Overall, determining fault in a pedestrian accident case in West Virginia can be very complex, depending on the specific circumstances of the case. In most cases, a combination of factors such as the driver’s negligence, any criminal investigation, and any mitigating factors will be examined in order to determine who is at fault.

How is fault determined in a pedestrian accident case?

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