Defense Strategies and Their Impact on Your Pedestrian Accident Case

Pedestrian accidents have unfortunately become a common occurrence in today's busy world. And these accidents can have devastating consequences for those involved, resulting in serious injuries and even lifetime disabilities.

Defendants also have an impact on these cases, as they can use various defense strategies to protect themselves against liability. Sadly, these strategies can significantly impact the outcome of a case and make it more challenging for victims to receive the compensation they deserve.

This blog post highlights two defense strategies common in pedestrian accident cases and their impact on the victim's case.

Pedestrian Negligence

This defense strategy operates on the basis of attributing some or all of the blame for the accident to the pedestrian in the accident. The defendant may argue that the pedestrian did not follow traffic rules, such as crossing the road at a non-designated area or walking while distracted. This could include texting, listening to music, or other activities that could divert the pedestrian's attention from the road.

By establishing this narrative, they aim to prove that the pedestrian's negligence or reckless behavior contributed significantly to the accident, reducing their own liability.

In jurisdictions where comparative negligence laws are applicable, such a defense strategy can drastically affect the victim's compensation. If the court finds the pedestrian partially at fault, the damages they can recover may be reduced proportionately. For instance, if a pedestrian is found to be 30% at fault, they may only be able to recover 70% of the total damages.

This strategy of asserting pedestrian negligence not only attempts to minimize the defendants' responsibility but also seeks to limit the potential financial liability they might face as a result of the accident.

Your lawyer needs to gather solid evidence and witness statements to counter this defense strategy. This could include video footage, eyewitness accounts, and expert analysis that prove the defendant's negligence or fault in the accident.

If the defense successfully establishes your contribution to the accident, your lawyer can highlight mitigating factors such as medical expenses and loss of income resulting from the injuries to dispute a reduction in damages.

Sudden Emergency Defense

The sudden emergency defense applies in situations where the defendant faced an unexpected, sudden situation that did not allow for the usual judgment or care that would be expected under normal circumstances.

For instance, the defendant may argue that they swerved to avoid hitting another car or pedestrian, causing them to hit the victim instead. Here, the defendant asserts that the sudden emergency—the unexpected appearance of the pedestrian—was the primary cause of the accident, not any negligence on their part.

However, the defendant must meet a specific set of criteria for this defense to hold up. They must unequivocally prove that the emergency occurred suddenly and unexpectedly, presenting them with a clear and immediate danger.

They must also demonstrate that they did not contribute to the emergency situation and that their response to the emergency was reasonable under the circumstances.

If the defendant can prove all of these elements, they may be able to mitigate some of their own liability at the very least. Nevertheless, a skilled lawyer can challenge this defense by scrutinizing the defendant's actions, the circumstances leading to the emergency, and whether a reasonable person would have reacted in the same manner.

Usually, this defense does not entirely absolve the defendant of responsibility, so there's a good chance that you will be able to recover at least some or most of the damages.

If you've been involved in an accident, Smith Morgan, LLP, is here to help you fight for your rights and get justice. Our experienced legal team can help you navigate the complex legal landscape and counter any defense strategies the defendant employs to protect their interests. Reach out to us today for a free consultation and to get the legal support you need to help secure fair compensation.