For the most part, everyone operating motor vehicles on public roads has a duty called the duty of care. This is basically to drive with care and consideration for everyone else on the roads, be it other motorists, cyclists, pedestrians, or public workers.
Drivers are of course required to take precautions and be extra safe when operating around pedestrians, but that does not mean that if there happens to be a car–pedestrian or motorcycle–pedestrian accident then the motorist is always responsible for it.
In fact, on the contrary, the pedestrian could also be responsible for what has happened. It purely depends on the specific car accident case itself and what exactly transpired, explain wonderful auto accident lawyers in Cleveland, OH.
The driver’s duty of care
As mentioned, drivers/riders of any motor vehicles are to be cautious, and drive with care and consideration for everyone else and their safety while operating on public roads. If a car accident occurs, then it may be difficult to say that a driver was not careful and considerate since these terms are subjective and open to interpretation at least to a certain extent.
Therefore, what the judicial system does in order to determine whether the standards of driving and the care exercised was of an acceptable standard or not is compare what the actions or inactions of the driver in question to what a reasonable person would have done under the same circumstances. The reasonable person, according to Ohio accident attorneys is described as a normal, careful, and prudent person.
Even this, some legal experts say, is pretty vague and still not very objective. Thus, in most states of the country there are more laws about pedestrian and motorist proximity and so forth. Generally, it is required that motorists remain vigilant and keep their vehicle under strict control when they are aware that pedestrians are around.
For example, a driver who drove at a speed of 30 mph (consider this is well under the speed limit) did not slow down when he saw a kid wobbling around in a bicycle ahead of him or her and ended up colliding with the kid can and will be held liable for the accident even though he or she was driving well within the laws because of the argument that any normal, prudent, reasonable person would have slowed down as soon as they saw the kid on the bicycle, as pointed out by Cleveland, OH accident lawyers.
It was insinuated or sort of explained in the incredible show True Detective by one of the main characters in the first season by Detective Rust Cohle (Matthew McConaughey) that he and his wife lost their first child in a similar manner. Their child was hit by a car and it crushed them. They were not able to survive it and they broke up.
It was not really explained whose fault it was, it seemed to be the child’s fault in this case. So in this circumstance, the driver had duty of care.
When is a pedestrian responsible for a car accident?
If and when the actions of a pedestrian makes it impossible for a driver (irrespective of how meticulous or careful the driver was) to avoid the accident then the pedestrian is held liable for the accident.
In conclusion, even though there are laws in place which dictate who is responsible, litigation can go either way considering interpretation of these laws and how the car accident itself is also interpreted. Therefore, if you are involved in an auto accident and find yourself in such a situation, it is vital that you are represented by an Ohio accident lawyer.