If you hit a pedestrian with your car and hurt him or her, your heart may sink as you imagine the legal ramifications of doing so. Of course, you may also be concerned about the person's injury, but you'll undoubtedly also worry about a lawsuit coming your way. Although the driver is commonly held responsible for car-pedestrian collisions, there can be cases in which the pedestrian's actions directly lead to the incident. Often, your attorney will look to get copies of security footage from any area businesses, as the footage could support your claims that you weren't at fault. Here are some examples of evidence that the camera may show.
The Pedestrian Ignored Traffic Laws
Unless you have witnesses, car accident cases typically involve one side saying one thing and the other side saying something else. Security camera footage can clearly show what actually transpired, and this could be a case of the pedestrian ignoring traffic laws. Jaywalking, darting into the road from behind a parked car, and other such activities don't automatically put the fault on the pedestrian, but if the footage shows these types of behaviors and demonstrates that you were traveling in a safe manner and did your best to stop, your case will be stronger.
There Were Extenuating Circumstances
In some cases, the blame may not fully fall on your shoulders if the security camera footage is revealing. For example, the city or municipality could be to blame. Perhaps there was a burned-out street light that prohibited you from seeing the pedestrian before he or she walked into the road, or maybe a pothole made the pedestrian trip and stumble into the path of your vehicle. In these cases, you and the pedestrian alike may consider legal action against the city or municipality.
The Pedestrian Attempted To Get Hit
Unfortunately, some people actually attempt to get hit by vehicles so that they can take legal action and be rewarded with a large sum of money. This is fraud, but your claim that the pedestrian tried to get hit will be difficult to prove without video evidence. You'll be in luck if the footage backs up your claim. For example, perhaps the footage reveals the pedestrian attempting to hide themself behind a parked vehicle and jump into the path of your vehicle as you approach. This evidence could be enough to get the case against you dismissed.
To learn more, contact a law firm like Monohan & Blankenship.
