Pedestrian accidents happen far too often on our roads and are commonly caused by drivers not paying enough attention to the road and other road users. Pedestrians, being the most vulnerable road users, are also the most likely to suffer serious injuries or fatalities in an accident. Contributory negligence is a common defense tactic used to shift the blame on pedestrians in the event of an accident. In this article, we will discuss what contributory negligence is and how to rebut this defense when fighting for compensation for your pedestrian accident.
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What Is Contributory Negligence?
Contributory negligence is a legal defense in which the defendant argues that the plaintiff was partly responsible for their own injuries. This defense is common in cases where the pedestrian was not following traffic rules or exercising caution when crossing the road, thus contributing to their own injuries.
The idea behind this defense is that if the plaintiff had exercised due care for their own safety, they would not have been injured. Thus, the plaintiff is said to have contributed to their own injuries and should not receive full compensation.
How To Rebut Contributory Negligence Defenses
Proving that the plaintiff was not entirely responsible for their injuries is crucial in winning a pedestrian accident case. To rebut the contributory negligence defense, we have outlined some strategies below:
1. Gather Evidence
The first step in rebutting contributory negligence is to gather evidence. This can include CCTV footage, police reports, and witness statements. It is important to investigate the scene of the accident and take photographs to show the position of the vehicle, the point of impact, and the location of the pedestrian.
2. Show The Extent Of The Defendant’s Negligence
Showing how the defendant was negligent during the accident is crucial. This can include distracted driving, driving under the influence, or simply failing to observe the road. Demonstrating how the defendant failed to meet their duty of care will help prove that the plaintiff could not have avoided the accident and was not responsible for their injuries.
3. Establish the Plaintiff’s Conduct Before the Accident
Establishing the plaintiff’s conduct before the accident is also important. Were they looking at their phone, distracted, or not paying attention to oncoming traffic? These details might help the defendant in building their case. However, if the plaintiff was observing the rules and was acting responsibly, this would increase their chances of winning compensation despite the defense of contributory negligence.
4. Seek Expert Testimony
Expert testimony can also be helpful in rebutting the contributory negligence defense. An expert witness can provide insight into the cause of the accident and the plaintiff’s behavior leading up to it. Depending on the case specifics, different experts can be called on to help establish the defendant’s negligence and the plaintiff’s lack of responsibility.
5. Hire An Experienced Personal Injury Attorney.
Finally, hiring an experienced personal injury attorney is crucial in winning a pedestrian accident case. A good lawyer will have an in-depth understanding of the law and legal proceedings. They can also help gather evidence and, in partnership with expert witnesses, build a strong case in favor of the plaintiff.
Conclusion
It is unfortunate that pedestrian accidents happen as frequently as they do, but it is important for pedestrians to know their rights and how to rebut the defense of contributory negligence. By taking proactive steps to gather evidence, show defendant negligence, establish the plaintiff’s conduct, seek expert testimony, and hire experienced personal injury attorneys, pedestrians can present strong cases in court to win the compensation they deserve for their injuries.