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The legal details of auto-pedestrian accidents

Similar to many accidents involving vehicles, the cause of pedestrian accidents can often be difficult to determine. City dwellers are especially more aware of this problem, as the risk of travelling by sidewalks near roads increases in heavily congested areas. And like most states, Virginia sees pedestrian-related wrecks happen daily. Those who believe their situation has been handled unjustly may decide to take further legal action. 

Just last month, Channel 3 News highlighted the auto-pedestrian crash involving a mother, her three children and a senior citizen. The driver, aged 84, evidently lost control when attempting to make a turn onto a street near the family. The mother had been biking while pulling a netted stroller behind her when the man ran into them, nearly demolishing both the bike and accompanying child wagon. All three survived the crash; however, the report shared that one of the children had suffered life-threatening injuries. The mother also suffered serious damage.   

What, exactly, happens when someone is involved in a pedestrian and vehicle accident? Findlaw shows that victims of these accidents may seek compensation for damages if they were the direct result of a driver's negligence. Yet the process is not always simple--injured pedestrians must also prove that the defendant owed a legal duty to the plaintiff, failed to fulfill that duty through action or inaction, was the cause of the accident or injury and as a result harmed or injured the plaintiff. It is at this point that cases can become complicated, as Findlaw adds that more than one party may be responsible for the accident.   

 

 

 

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