If someone is walking in the street with the flow of traffic and is hit by a car, can the person driving the car be legally responsible?« Back to Frequently Asked QuestionsThe answer to the question is that that it depends. I would need to know where, exactly, the pedestrian was walking and where the driver struck the pedestrian to have a better understanding. Here are some good questions to ask. Was it night or day? If at night, what clothes was the pedestrian old wearing? Was the person in the road, on a sidewalk, or on the shoulder? Was the driver drunk or impaired in any other way? Did the driver hit the pedestrian in the roadway or off? Generally speaking, in Washington, if an accident victim was in any way responsible for their own injuries, even if just a little bit, then the amount they are entitled to recover will be reduced by their degree of fault. This is the law of comparative negligence. In other words if a jury verdict is for $100,000 but the plaintiff is found to be 50% at fault, then the plaintiff is only entitled to recover $50,000 from the other party. In this kind of case, your best option is to consult with an experienced personal injury as soon as possible. |
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