Assessing The Prospects On Pedestrians Accident Claims By Injury Lawyer In Stouffville

A pedestrian accident is not always the result of rash car driving. A person may be injured during jaywalking on the road or even flouting road rules and darting in the front of a car. In most of the times,it is assumed that it is the liability of the car driver when a pedestrian accident occurs, but the Injury Lawyer in Stouffville will look at the case from all possible angles to assess it rightly. There is no doubt that the drivers need to be cautious always while driving, but it is the duty of the pedestrians to avoid such situations. Therefore, hiring a competent injury lawyer will always ensure that you get fair and proper justice.

Proving The Driver's Responsibility

As per personal injury law, all drivers are responsible for their way they drive and follow the traffic rules under all given circumstances. This responsibility of the driver is termed as Due Care or Duty of Care. This duty of care is measured against some fixed and per-determined parameters of a careful, responsible and normal person's action. It is considered by the Injury Lawyer in Stouffville as to what such a person would have done under such conditions. If it is found that the driver deviated from the set parameters, then in that case he is held negligent and liable for payment of the claims.

The Pedestrians Actions

Just like the driver needs to be cautious,while driving to avoid the circumstances of colliding with a pedestrian, it is also the duty of the pedestrian to avoid the collision. The Injury Lawyer in Stouffville will take all aspects into consideration to find out who is at fault and to what degree. If it is found that the pedestrian was inattentive while crossing the road or was texting while walking then it will be considered as the fault of the pedestrian cancelling the eligibility of claiming compensation.

Comparative Negligence Factor

There may be some incidents when both the defendant as well as the pedestrian is involved in an accident. In such cases the comparative negligence factor is considered by the Injury Lawyer in Stouffville. It is on the percentage of negligence of plaintiff and defendant that a claim amount will be reduced from the original claim amount. The payment varies from state to state but is all instances the defendant has to be more than fifty percent responsible as compared to the plaintiff to make the payment.

Importance of A Lawyer

In case, you want to claim for compensation for a pedestrian accident injury,from your insurance company the injury lawyer will provide you will enough legal assistance and support. Right from filing the lawsuit to the collection of proofs and documents everything will be done in a proper way and by following the set rules and regulations. You may rest assured that nothing will be missed, not even the hearing deadlines, to receive your claim at the earliest. Therefore, hiring a personal injury lawyer is always a better idea for faster results. For more information visit here: Makaronets Personal Injury Law