Liability in pedestrian accidents is determined by considering:
Driver negligence: If the driver was negligent (e.g., distracted, speeding, intoxicated, or not yielding), they are likely liable for the accident. In most pedestrian accident cases, these behaviors are easily identifiable. However, certain cases may require a more detailed investigation to determine the exact source of negligence or may involve more than one liable party.
Comparative negligence: In some cases, both the pedestrian and the driver may share responsibility. The concept of comparative negligence means that compensation can be reduced based on the percentage of fault assigned to each party. However, your lawyer will work with you to ensure that you are not assigned more responsibility than you deserve and that your rights to maximum compensation remain intact.