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How is liability determined for a pedestrian accident at a crosswalk?
I got hit by a car at a crosswalk which drivers are required to stop for. Does that mean the other person is automatically liable for hurting me, since they are always supposed to stop and look for people walking before they drive, since it is a crosswalk?
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In the majority of cases, responsibility for an injury must be proven in order to recover damages. While in some areas of law there is a doctrine called strict liability- which means that a person is automatically liable for injury that occurs when they engage in dangerous behavior- this is not usually the case in auto injury law. However, if the party was driving in an inappropriate place, proving liability should be relatively straight forward and the driver of the vehicle may be inclined to settle. You should speak with a personal injury attorney as soon as possible regarding the standard of proof for liability in this case.
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Posted by Jeff Rickman on 04 Mar 2010