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April 2015

When is the Driver at Fault?

As a common rule of the road, drivers need to be very careful driving when pedestrians are around. However, in some accidents the pedestrians can actually be at fault, and if the damage or injuries are serious enough, may be held liable for the driver’s damages. So what are some specific scenarios where the driver is technically at fault? When the Driver is Exclusively at Fault The responsibility of the drivers on the road is referred to a duty of reasonable care. All drivers are held to the same standards, and their actions in an accident will be weighed against these standards in the courtroom. This means that a driver has to be vigilant and hold their car under strict control when knowing that pedestrians are nearby. For instance, even if the allotted driving speed is only twenty miles an hour, the driver will still have to slow down when there are pedestrians walking or riding a bike on the road. The standard here is that any responsible driver would naturally slow down to avoid a possible collision with the driver. As long as the pedestrian did nothing to lead to the accident and no other individuals contributed to the accident, and as long as the driver failed to meet the driving standards that our society has set, the driver will almost always be held responsible for the accident and the blame will fall on them. However, there are also situations where the driver is partially but not fully at fault in driving accidents. When the Driver is Partially at Fault Not every car accident has to have only one party be guilty of the accident. In fact, in a plurality or majority of car accidents more than one party are probably responsible. This means that more than one party acted against the standards of the road. In this situation, the jury may choose to find both parties in a lawsuit guilty and have them pay a specified percentage in damages to the other.