Vehicle accidents occur every day and in every state. If two vehicles colliding can cause damage to their occupants, imagine the harm one can cause when striking a pedestrian.
Since these accidents happen within a flash of an eye, determining liability is sometimes tricky, especially if more than one vehicle is involved. Sometimes, it’s necessary to bring in an accident reconstruction expert to determine exactly what happened.
If you’ve been struck by a passenger vehicle as a pedestrian and suffered severe injuries, a Connecticut personal injury lawyer can help you get back on your financial feet. During a free consultation, one of their pedestrian accident lawyers can determine your next steps. Don’t delay; contact a legal expert today.
Passenger Accidents and Liability: Who’s at Fault?
Walking down a public street shouldn’t be risky, but unfortunately, pedestrians are struck by passenger vehicles on any given day. In 2021, almost 8,000 pedestrians were killed when hit by a motor vehicle, and countless others were severely injured, requiring hospitalization. The victims of a pedestrian accident have the burden of proving negligence. Some accident circumstances can be complex, and for those, victims will need to employ the assistance of a personal injury lawyer.
The plaintiff (victim) in a pedestrian accident must prove fault. While this is typically a no-brainer in many accidents involving a passenger vehicle that has struck a pedestrian, sometimes multiple parties could be responsible, and the liability lines become blurred.
When this occurs, your personal injury attorney may seek a better understanding of what happened by hiring an expert in crash scene reconstruction.
What Is an Accident Reconstruction Expert?
If a pedestrian has been struck by a car, but more than one vehicle was involved, determining who is at fault could be spread out amongst several individuals. Each driver’s insurance company may attempt to lay blame on the others, turning your personal injury case into a complex mess. This is where an accident reconstruction expert and your attorney can help whisk away the fog of doubt.
Accident reconstruction experts will use all available information to put all of the pieces of an accident together scientifically. They will formulate an educated opinion as to how the accident occurred. They’ll do so by using the following information:
- Inspection of the vehicle(s) involved in the accident
- Analysis of photos of the accident scene
- Measuring skid marks and other evidence of the accident
- Investigation of road and weather conditions at the time of the accident
- A thorough investigation of police accident reports and eyewitness testimony
Using all available accident evidence, an accident reconstruction expert will compile the data and use complex computer simulations to create a video reconstruction of exactly how the accident occurred. Video simulations provide an easy-to-understand visual account of who was at fault.
Once they’ve formulated an expert opinion, they’ll help to prove who was liable. They’ll accomplish this by identifying errors the driver or drivers caused. This will benefit the plaintiff by proving liability if the driver or drivers claim the pedestrian was at fault.
Could a Pedestrian Be at Fault When Struck by a Car?
Both drivers and pedestrians are expected to exercise a reasonable amount of care when on our public roads. There are rules of the road that must be followed by passenger vehicles and pedestrians alike. If a pedestrian is hit by a vehicle that is driving distracted or perhaps runs a red light, it’s most likely that the driver will be found to be negligent. However, there are circumstances where the pedestrian is at fault.
For example, if a pedestrian attempts to jaywalk, darts out between two parked cars, and enters the roadway in the middle of a block, if the driver who strikes them has no time or space to avoid them, the driver can certainly contest being at fault. To make matters worse, if the driver, while trying to avoid the jaywalking pedestrian, hits another vehicle, the pedestrian could be liable for all damages to both vehicles and their drivers.
Pedestrian Accident Reconstruction: What You Need to Know
When a passenger vehicle strikes a pedestrian, the driver is at fault. However, negligence can become complex if other vehicles are involved in the accident. Without an accident reconstruction specialist’s expert opinion and testimony, determining fault could quickly turn into a “he said-she said” situation.
If you’ve been struck by a vehicle and are having difficulty determining which end is up, consult a personal injury attorney. They’ll have the know-how and the tools to ensure that liability is proven and compensation is gained.