Personal Injury Lawyer In North Bay Considers 'The Duty of Care' For Pedestrians

Proving the duty of care is one of the most significant elements for any pedestrian accident case by the Personal Injury Lawyer in North Bay. You never know when you will face an accident, when you are on the road. In most of the cases,accidents occur due to carelessness from one or both the parties involved in it. Though most of the times it is the defendant that is found to be guilty but at times you may be at fault as well for an accident.

Importance of Proving Negligence

It is very important for the Personal Injury Lawyer in North Bay to prove negligence for one or both. This play an important and most significant role in a personal injury case for auto pedestrian accidents as on it depend the amount of claim amount to be paid or reduced. It is the degree of negligence of you or the defendant that will determine how much the claim amount should be reduced. The defendant should at all times be more than fifty percent negligent to pay compensations for the damages and injuries caused. If it is found that your degree of negligence is more than fifty percent, you will not have anything paid as compensation.

Duty of Care Aspect

Therefore, the duty of care is the most significant aspect that the Personal Injury Lawyer in North Bay looks into assuming that both the driver of the vehicle as well the pedestrian has their respective and specific duty of care. As for the driver of the vehicle the duty of care specifies that traffic rules must be followed and proper care and attention should be given especially at the crossroads and at the intersections. Weather conditions should be considered while driving and certainly the driver should not drive in a drunken state. Pedestrians on the other hand is not supposed to jaywalk on the road, not texting while walking, not crossthe road suddenly apart from the designated place, not dart in front of a moving vehicle and much more.

Causes of The Accident

The causes of the auto pedestrian accidents are also taken into consideration by the Personal Injury Lawyer in North Bay. The duty of care will also depend on the causation factor as for example anyone driving under intoxication and influence is supposed to have failed the duty of care as no sensible person would do that. Moreover, the traffic signals at the crossings and intersections are considered as failing to comply will cause an accident and thereby failing of duty of care. Such accidents may also happen when the driver reverses a vehicle in a parking lot or while passing a stationary vehicle without care.

Considering the Injuries

The injuries sustained in a vehicle pedestrian accident are considered by the injury attorney that will determine the amount of claim as well. If the injuries sustained are minor,then it will have a much lower claim amount than any fatal injuries. But all the times,it is this factor of negligence that the injury attorney is most concerned of. To read more Click Here