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Harvard Law School

Considering Some Issues in Pedestrian Accident Cases

Every year thousands of individuals are involved in motor vehicle accidents. In some cases pedestrians have contributed to their injuries but many of these accidents involve issues of motorist liability.

Causes of pedestrian accidents.

Generally a motor accident attorney, representing pedestrian would look at the causative factors that caused the accident including: –

Drivers ignoring crosswalksPedestrian not using crosswalksPassing a school busDistracted driversJaywalkingIntoxicationInattentionVehicle repairs on a highway

Responsibility of motorist.

Every motorist who is driving has the duty to hold reasonable care for other motorists and pedestrians that includes not speeding or being cognizant of pedestrians particularly in residential and urban areas.

Duty of care

Motorists used to hold a heightened duty of care in residential areas where there are schools and children are easily found. No doubt there are speed limits but still drivers need to anticipate more care as children may suddenly appear from between the cars or run out into the roadway. Small kids aren’t expected to exercise the same care as an adult or necessarily watch out for their safety.

Reaction time

Based on standard perception and reaction time, if driver isn’t distracted a car traveling at 20 miles per hour needs 23 feet to come to halt.

Freeway pedestrian accidents

The pedestrian should never walk on the freeways. By running across or even standing on the freeway, they may be ignoring the care that ought to be taken by a prudent pedestrian.

Responsible parties

If a vehicle break down in the middle of the road and needs assistance and the driver is now pedestrian and if an inattentive driver strike in, the driver is likely to be considered negligent. However in case of unlit roadway or narrow lanes, there is municipal liability for defective design or maintenance.

Contributory Fault

If the accident occurs in a rural or narrow road, the pedestrian is required to exercise ordinary care, otherwise he will be contributory liable by not passing the vehicle as far as possible to the side or not noticing the passing traffic. A personal injury lawyer will come into practice here as he will decide whether the pedestrian has contributory liability and determine how other parties may be at fault.

Insurance

When the pedestrians are insured and incur damages, they can sue the negligent party for compensation. But in case pedestrians are injured by insured motorists, they will be forced to directly sue the motorist directly and hope party has sufficient sizeable assets.

If case of car accidents you need legal help in Dallas. Finding a good lawyer will help you know your options and rights and will prepare you for a strong presentation before the court.

If you are looking for car accident lawyer in Dallas you can simply refer Legal Assure. Here you can find some very experienced and qualified law practitioners who specialize in this kind and will surely help you secure your rights. For more details about them log on to:…

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Harvard Law School

Solid Advice About Personal Injury That Really Help

When someone’s mistakes causes you to become injured, you may need to see what legal choices you have. Often, victims don’t think of finding a personal injury attorney because they are unaware of the process involved in hiring an attorney and mounting a case. This article will give you all of the information you will need to hire the best personal injury lawyer.

Detail injuries as well as you can when you write down what happened. Explain every physical problem, be it a cut or a broken arm. You should add to your list if you notice any additional injuries as time passes. Also identify emotional and mental issues that may occur after an injury or accident, like being afraid to get behind the wheel again.

Locating the best lawyer isn’t easy. Having said that, it is important to search for an attorney with plenty of experience in your particular situation. An experienced lawyer will be more likely to get the settlement you are asking for.

If you have a preexisting condition, you are still eligible to be compensated for your injuries. Tell your lawyer about your medical history. You don’t want the attorney to get sandbagged when they end up in court.

Consider how big a firm is prior to making a decision. If you are facing a big suit, you will want to have a big firm behind your back. When you have a minor case, find a smaller firm to represent you.

Be sure that your personal injury is documented and prepare to take legal action by snapping a lot of photos of what happened. Most cellphones have cameras built in, so use that if you do not have an actual camera, or ask a witness to take photos for you. Take pictures as quickly as possible so the court can use this evidence in your case.

You need to make sure your vehicle isn’t moved after you’ve had an accident unless you’re told to by a police officer. Refusing to move too quickly can reduce the chances of you further damaging the car. The exception should only be happening amid a busy street.

After getting in an accident, never tell the other party that you are sorry for anything. Doing so can further your opponent’s claim that the event was actually your fault. You shouldn’t do it even if you think you’re wrong.

It is not uncommon to have back pain. Applying heat to the affected area helps to relax the muscles and ease the pain. If you add to the strain, you may cause lasting damage unnecessarily. You’ll also get results with NSAIDs such as ibuprofen.

Take pictures of your personal injuries for documentation. Photo evidence will substantiate your claim and provide proof of your injuries. It can also affect the amount you are awarded when you win your case.

As noted above, few people know how to advocate for themselves when they have been the victim of a personal injury due to the fault of another party. As a matter of fact, this does present a problem. By using the tips above, you can rest assured that you will have a full understanding of personal injury procedures.…