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Pedestrian accidents are a significant public health concern. Legal defenses help determine the liability of the party at fault and help determine the amount of damages awarded. The type of legal defenses you have available will depend on where you live and your accident circumstances. If you’re ever involved in a pedestrian accident with serious injuries or property damage, it’s essential to keep an open mind about ways to minimize the negative consequences. Here we will look at some of the most common types of defenses.
- Temporary Insanity
Temporary insanity is a legal defense used in cases of involuntary intoxication. It allows people to claim that they did not have the ability to know what they were doing at the time of the accident. This is often used in cases where the intoxicated person was distracted or disoriented by drugs or alcohol. Most states consider a person to be temporarily insane if they have an episode of mental illness lasting a few days.
- Defective Product
When a product like a car or a jacket is defective, you have a legal ground to fight a pedestrian accident case. Defective products can include anything from a car too dangerous for pedestrians to drive to a jacket that tears easily. A defective product may have caused your injuries in a pedestrian accident.
- Assumption of the Risk
This defense is based on the idea that if you agree to participate in a particular activity, you are assuming some degree of risk. In a pedestrian accident, this would mean that you assumed some level of risk for your injuries or property damage. You cannot use this defense if there were obvious safety measures to avoid the accident. Assumption of the risk is not a complete defense, however. You must still prove that you did not contribute to the accident.
- Improper Use of the Roadway
The proper use of the road must be considered before proceeding with an accident in which there was an injury. This is a common defense and can be applied to various accidents. If there was an injury because the driver failed to use the roadway safely, then the driver may be held responsible. If you’re injured because of someone misusing the road, you may have a case against that person.
- Negligence in Design and Construction of Pedestrian Facilities and Traffic Control Devices
Poor design or construction of pedestrian facilities and traffic control devices may be used as a legal defense. This can include the failure to maintain sidewalks, crosswalks, and other safety features. If the government is held liable for this type of accident, it may be possible that the government could pay damages to help pay for medical expenses and lost wages.Fresno pedestrian accident lawyers can help you determine whether you have a case against the government.
- Contributory Negligence
Contributory negligence is the failure to exercise due care or reasonable care. It is a legal defense that says that you were not at fault for the accident because you contributed to the accident. This is a common defense in pedestrian accidents because you are not responsible for any of your injuries or property damage.
- Self Defense
Self-defense is a common legal defense used in pedestrian accidents. It is a legal defense that allows someone to use force to protect themselves or another person from imminent harm. Self-defense is not absolute, and there must be sufficient evidence to prove that the person used force in self-defense.
After an accident, the first thing to do is contact an attorney. If you are an injured party, you will need to provide information about your injuries, the other person involved, and any witnesses. If a defense is necessary in the case, a reputable attorney can help you determine the right course of action.
