Rashly
driving a car and hitting a pedestrian is a life changing incident but at the
same time, it is not that uncommon. Usually, it is assumed that it is the
liability of the driver when a pedestrian accident occurs. However, the case is
not so always. There is no wonder in the fact that drivers need to cautious always
when pedestrians are involved in the scene, though the pedestrians are not
regarded as faultless in some situations. If the pedestrian is actually to be
blamed, then hiring a Personal InjuryLawyer Tottenham is worth the cause and can help you get off the hook
without getting the blame. Some points need to be discussed first.
Responsibility Of
The Driver
Under
the law, all drivers are responsible for their way of driving under the given
circumstances. In the territory of a Personal Injury Lawyer in Tottenham and
personal injury law, this responsibility of the driver is termed as due care or
duty of reasonable care. A driver and their way of driving is held against the
parameter of what a careful and normal person would have done in the given
situation that the driver has faced. However, not every circumstance is
regarded as the same. The law holds the argument in such a way that it says a
normal driver under perfect physical and mental condition will be cautious and
slow down when it knows that a pedestrian is nearby.
Accident Caused By
The Pedestrians
A
cautious driver will take every possible step that will help it avoid the
circumstances of hitting pedestrians. However, there are some situations when
the driver cannot help but hit a pedestrian as the pedestrian has made it
impossible for a normal driver to avoid the collision. A Personal Injury Lawyer
in Tottenham will work on the case to find out who was at fault. If it is
proved that it was the pedestrian that is at fault, then a personal injury lawyer
might be able to assist the driver to save from the liability.
Equal Involvement
Of Both
There
are many accidents that a Personal Injury Lawyer Tottenham deals with where not one party is entirely
innocent, and the other one is guilty for the pedestrian accident. Often there
are cases where both have acted in a manner that has caused the accident. It is
on the percentage of negligence of plaintiff and defendant that a judge
justifies the situation. For example, a personal lawyer will provide the jury
with all the necessary facts and the conclusion drawn held the plaintiff sixty
percent responsible and the driver forty percent liable. The payment varies from state to state and in
some the driver will not have to pay anything if it’s held responsible for less
than fifty percent as compared with the plaintiff.
Seeking Lawyer’s
Advice
In
case you want to look for the compensation from your insurance company, then
also, you might need the guidance of a personal injury lawyer to file the
lawsuit with the help of proper documentation.
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