Wednesday, August 10, 2016

Comparative Negligence in Pedestrian Accidents Hit by a Car

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.