When someone is injured in an accident, they have the right to sue the party that caused the accident in order to recoup their financial losses. The ability to recover for these losses hinges on liability in Cicero pedestrian accident cases. For assistance in proving liability on behalf of the at-fault party, you should call a seasoned pedestrian accident attorney.

Who Decides if a Driver is Liable in Pedestrian Accident Cases?

There are many parties who have a role in determining liability in a pedestrian accident. First, a police officer may come to the scene and write up a report. Although the police officer likely did not witness the accident, the narrative report carries a lot of weight in determining fault. Next, the insurance company will assign an adjuster for an investigation. When this happens, that adjuster may come to their own determination regarding fault. Meanwhile, the lawyer for the pedestrian will argue that the plaintiff was not at fault and that the motorist is liable. Ultimately, if a case cannot be resolved, the decision of liability will be made by a judge or jury.

When two private parties are unable to come to an agreement, they have the constitutional right to take their case to court. Many cases are settled out of court because all parties recognize what the risks of the jury can be. Ultimately, the jury will be considered the final determiner of liability for a pedestrian accident in Cicero, and what the damages award will be if an agreement cannot be reached.

Establishing Liability

In order to make a recovery for a pedestrian accident case, the plaintiff must prove that some other party was at least 51 percent at fault for causing the accident. If the accident is predominantly the fault of the pedestrian, then they cannot recover any damages. This is called contributory negligence. Even if a motorist strikes a person and promptly flees the scene, there may still be a settlement available. Many people have their own car insurance, which would cover them in this situation under the uninsured motorist provision of the insurance policy.

How Can a Plaintiff Make the Argument for Liability?

Injured individuals should never give any statement to the insurance company, especially without a lawyer present. The insurer will try to find information that could allow them to pin liability on the pedestrian, potentially blocking any chance of compensation. The best course of action is to provide evidence and testimony to an attorney who could then decide how to present it and prove the case.

A lawyer must establish liability before the plaintiff is entitled to receive damages. In a pedestrian accident, a thorough and prompt investigation is critical, and a lawyer’s goal is to obtain any and all evidence that pins liability on the motorist. If liability for a pedestrian crash in Cicero cannot be determined, then there can be no recovery for damages.

The Speed of the Vehicle

The speed of the vehicle can make a big difference in determining liability. If the vehicle is exceeding the speed limit, this in and of itself may be sufficient to prove liability, since it suggests recklessness. The speed of the vehicle can also impact the extent of the injuries. The faster the motor vehicle is traveling, the more likely it is that a pedestrian will sustain life-threatening harm. If a driver violates a traffic law, this can be used against them if they strike a pedestrian.

Ask an Attorney About Establishing Liability in a Cicero Pedestrian Collision Case

You will be unable to receive any financial compensation unless you can prove that the defendant was liable for your accident. Schedule a consultation with a lawyer in order to discuss the merits of your case. You will need experienced legal counsel to help you establish liability in Cicero pedestrian accident cases.