Know The Nuances of Pedestrian Accident Cases From An Injury Lawyer In Kelowna
With so many cars and other vehicles on the road and people walking by the side of it, a person hit by a rushing car or a motorcycle is not a rare scene. When such a thing happens to you, undoubtedly you will be seriously injured. People are sometimes even killed in such accidents. However, according to the personal injury law, such incidents fall under the pedestrian accident category and you are allowed to claim compensation for your injuries or the death of your loved ones as well. Once again, you will be better off when you hire the service of a competent Personal Injury Lawyer in Kelowna.
The liability aspects
It is human nature to consider the driver of the vehicle to be at fault to cause such an accident. However, these types of judgment are based only on the apparent facts and proofs but to an Injury Lawyer in Kelowna it will need something more solid and substantial to determine the other party to be at fault to cause the accident. In order to establish the liability, the attorney will look at the cases from all possible angles and perspectives, apart from the evidences and proofs. This however, is not an easy task, mind you.
Duty of care of driver
If you want to prove that the driver whose carelessness has caused the accident, you will need to prove that the driver failed to follow the ‘Duty of Care.’ The ICBC Lawyers in Kelowna will help you too understand what this means. According to the ‘Duty of Care’ doctrine, all drivers, irrespective of the vehicle they drive, should be careful and cautious while driving. They must also be aware of the consequences of rash or careless driving. They must also try to avoid situations that may lead to an accident and injury through the actions that any sane person would take under the same conditions.
Duty of care of pedestrian
Just as the driver has to abide by the ‘Duty of Care’ doctrine, you as a pedestrian should also follow the same actions that any normal person would take under the same situation. For example, you should not cross the road when it is red and from anywhere on the road except at the designated placed near the crossroads. You should not jaywalk on the road as well or suddenly dart onto the road to catch a bus on the other side. If you fail to comply the Car Accident Lawyer in Kelowna will have no way but to hold you responsible for the accident.
Proving the driver liable
In order to prove the driver liable for the accident, you will need to follow the law of the state as that may differ from one state to another. In addition to that, you must also consider the physical and mental condition of the driver when the accident occurred. Ideally, if the driver do not slow down when a pedestrian is nearby or stop when someone may get injured, the driver will be help liable by the Accident Lawyer in Kelowna. For more information visit here: Barapp Law Firm BC