When a moving vehicle strikes a pedestrian, catastrophic
injuries usually result. Vehicles outweigh pedestrians by thousands of pounds
and exert great force that the human body cannot generally withstand. Despite a
“vehicle versus pedestrian” accident being most damaging to the pedestrian, a
driver may try to defend his or her actions through comparative negligence.
Due to the intricacy of personal injury cases and skill with
which some lawyers develop defenses for clients against plaintiff claims, it is
important to engage the help of an experienced personal injury lawyer for an
accident claim. An expert attorney will know your state laws well and can
pursue fair compensation for your injuries and other damages.
Comparative Negligence Defined
Comparative negligence is a defense used in court to
mitigate the amount of liability on the part of the defendant. In the past, the
rule for auto accident cases was that a party could not recover damages if he
or she contributed to their own injuries suffered during the accident. Although
this rule is seldom followed in courts of most states, many states use
comparative negligence to reduce the amount of recovery compensation a
plaintiff can receive according to the amount of responsibility he or she held
for the accident and resulting injuries.
