Determining if a negligent driver was the cause of a pedestrian accident usually focuses on the actions taken by the driver immediately prior to the impact. A distracted driver whose failure to yield the right of way to a pedestrian crossing in a crosswalk is just one example of a situation in which fault might be clear.
Sometimes, however, the evidence does not clearly establish that one party in an accident, particularly an auto-pedestrian accident, was the only one at fault. A Connecticut bicycle accident in which the driver of a pickup truck struck and killed the rider illustrates how the evidence uncovered in an investigation requires careful analysis before it is clear which party might be at fault.
According to the police, the bicycle rider might have been exceeding the speed limit as he went down a steep hill before crashing into the pickup as the motor vehicle made a left turn. Although they believe that the speed at which the bicycle was traveling might have contributed to the accident, police charged the driver of the pickup truck with negligent homicide with a motor vehicle. Police are claiming that the left turn and the failure to yield to the approaching bicycle was the primary cause of the accident.
The ability of a family to recover damages for the death of a loved one in a fatal pedestrian accident or a fatal bicycle accident depends upon the evidence. The burden is on the person injured while walking on the street or the representatives of a deceased pedestrian hit by a motor vehicle to prove that a negligent driver was to blame. A New Haven law firm that is skilled in handling personal injury cases might be of assistance to the victim of a pedestrian accident.
Source: News Times, “Driver says he never saw cyclist,” Susan Tuz, June 29, 2015