In a pedestrian accident case, determining liability is important for the injured person to recover compensation for damages. As soon as possible following a pedestrian accident, it is imperative to seek legal help. A pedestrian accident attorney could investigate the accident and help prove the defendant’s negligence is the cause of the accident. Speak to a diligent attorney to learn about liability in Pascagoula pedestrian accident cases.
There can be a lot of use of medical evidence to establish damages, but it can also be helpful in showing how the pedestrian was struck by a vehicle. A pedestrian accident attorney will also typically use an accident reconstructionist who will go back and look at the scene and any kind of evidence, such as pictures or drawings, to show that the pedestrian was not at fault. An accident reconstructionist could testify at a trial and also provide a written report to establish liability against the driver.
The attorney also will look at other evidence such as weather conditions, the condition of the vehicle, and what the driver was doing at the time. They use witness testimony, the testimony of the injured person if they are able to do so, and testimony of the driver, so there are lots of things that go into a trial like that, making it is important to have an effective lawyer who can present that evidence appropriately.
The injured person, if they are available, can be very helpful in presenting evidence or bringing evidence to the attorney. Other witness statements are obtained through deposition testimony, live testimony, or by just speaking directly to the witness. They use investigators to go out and search for any kind of evidence, and hit the ground and talk to people and get all the evidence that is necessary for the case.
There are many factors that could impact liability in a pedestrian accident case. It is best to seek help from an experienced attorney to discuss how liability is impacted.
Speed is one of the key factors in accident cases because drivers are expected to obey the speed limits. If the driver was obeying the speed limit, there could be less fault given to them just because they were acting in an appropriate manner.
Distracted-driving cases are more and more common now that people use their phones and other devices almost constantly. Attorneys in many cases have to look at cell-phone data to determine whether that person was distracted at the time of the accident. There also may be witness statements or witness evidence available to look at to see whether someone observed the person using the phone while driving. It is okay in the State of Mississippi to talk on the phone using hands-free devices as long as the person is not distracted by that conversation.
Determining whether the driver was distracted can be very subjective, and there is no clear-cut rule for it. Evidence will point to the fact that the person may not have been maintaining their vehicle in the proper lane of travel, or had an opportunity to stop and avoid the accident, but did not. That type of evidence is helpful to show that the person was distracted.
Mississippi has per se negligence, which means the person who commits an infraction at the time of the accident is assumed to be liable for the accident. It depends on the type of traffic violation as to whether there was negligence involved, but it will not be helpful in the ultimate determination about whether the driver was negligent if they also committed a violation.
Deciding whether the driver or the pedestrian is liable for a pedestrian accident can be a tricky question. Many cases settle out of court that liability just gets discussed between the attorney and the insurance company, corporation, or other individuals at fault for the accident, and do not come into play until it is time for trial.
At a trial, a judge or jury is the ultimate decider of who is at fault, and the law in the State of Mississippi will guide a judge or jury as to what the responsibilities are for the pedestrian and the vehicle operator. It is still subject to the scenario interpretation and how a lawyer presents a case, so it is important to have an experienced counsel to present an effective case and establish that the pedestrian was not at fault for any injury or death that occurred.
An attorney starts establishing a pedestrian accident case from day one to speak with the injured person if they are able to, or speak to their family and determine exactly what happened from their perspective. The attorney will also get statements from witnesses, medical evidence, police reports, and evidence of prior conduct, the criminal history of the driver, and whether alcohol or drugs were at play. The attorney potential could have the person drug-tested, but that is very difficult.
In some cases, there is medical evidence available that the person was transported to the hospital, and there are a lot of other things they do to try to work up a case appropriately, but it is a lot of hard work. There is a significant amount of money involved, plus the effort that goes into preparing those cases appropriately. That could mean retaining medical experts, and accident reconstruction experts to make sure all bases are covered. Reach out to learn more about how a dedicated pedestrian accident attorney could help you determine liability in Pascagoula pedestrian accident cases.