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January 21, 2023

Causation and Fault Considerations For Pedestrian Accidents

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Posted in Wisconsin Workers Compensation Related News

Pedestrian Accident Lawyer

In the aftermath of an injurious accident, the first question that most people ask a victim is “What happened?”. The second question that is most often asked is, “Can you sue?”. The answer to the first question is the single most influential reality that bears upon the victim’s ability to answer the second.

Unlike the workers’ compensation process, which is a “no-fault” system, the personal injury lawsuit process turns entirely on the issues of causation and fault. Therefore, if you’ve recently been injured in a pedestrian accident and you’re wondering whether you’re in a position to file a successful lawsuit, you’ll first need to answer the question “What happened?”. Once you’ve conveyed this answer to a lawyer, they should be able to determine whether you can legally hold anyone accountable for your harm via civil action.

Causation and Fault Considerations

As an experienced pedestrian accident lawyer can confirm, the cause(s) of your harm may not be immediately clear in the wake of an injurious crash. Certainly, you were hit by a vehicle, so chances are good that some negligence or recklessness on the part of that vehicle’s operator either caused your harm or contributed to multiple causes of the crash.

However, things aren’t always as they seem. Say, for example, that the driver who hit you insists that it was your fault – not theirs – that you were struck. You’re grappling with a sense of guilt and one of uncertainty, wondering if it was really your fault that you’re now in so much pain. What you likely won’t be able to discover until your crash has been thoroughly investigated, however, is that at the time you were struck, the driver had nine citations for aggressive driving over the last two-year period and they were driving a vehicle with faulty breaks.

The ”invisible” nature of many car crashes causes is only one reason why it’s very important to connect with an attorney about your case as soon as you’ve suffered harm. Experienced personal injury lawyers know how to uncover the truth about the causes of pedestrian accidents so that those who are liable for harming others can be held to account. Generally speaking, if someone’s negligence, recklessness, or intentionally dangerous conduct directly contributes to the cause of another’s physical harm, they can be held accountable in court.

Partial Liability Concerns

“Wait a minute,” you may be saying. “I know that I was partially to blame.” While you shouldn’t yet admit that reality to anyone else – for reasons that a lawyer can explain – you should admit it to an attorney. Why? In all but a tiny handful of states, victims remain empowered to seek compensation against those who have caused their injuries even if they were also partially to blame.

If you were somewhat – but not totally – at fault for your own harm, chances are that you’ll simply be entitled to receive a lower compensation award than you would had you been blameless.

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