Little Rock Pedestrian Accident Lawyers

It can be difficult to determine who is at fault when a pedestrian is stuck by a motor vehicle. There is a common misconception that the pedestrian always has the right of way, but in reality either the driver of the vehicle or the pedestrian may be at fault, depending on the facts of the case. Was there a sidewalk? Was the pedestrian crossing in a crosswalk? Was the driver speeding? Did the driver maintain a safe lookout? If you are an injured pedestrian, it is important that you immediately seek the counsel of an experienced pedestrian accident lawyer in Little Rock who can investigate the facts of the collision and gather any available evidence or eyewitness testimony that helps to prove that the defendant is at fault for the accident. Many pedestrian accidents can be fatal, which means you will need a lawyer who also understands how Arkansas’ wrongful death law may apply.

What if the driver claims the pedestrian contributed to the collision by not walking in a designated crosswalk? What if the driver was also speeding? Arkansas law follows modified comparative negligence, which means that if the pedestrian was less than 50% at fault for the accident, then his or her comparative negligence will reduce the amount of compensation recovered. For example, if the pedestrian is deemed 10% responsible for the accident and the speeding driver is 90% at fault, then the pedestrian will still be able to recover from the speeding driver, but his or her recovery will be reduced by 10%. However, if the pedestrian is deemed to be 50% or more at fault for the accident, then he or she will be barred from recovery and receive no compensation at all from the driver.

In some instances, if the driver was on the job or driving a corporate vehicle, the employer may be vicariously liable for the driver’s negligence. This theory commonly applies to delivery vehicle accidents, for example. It is necessary to conduct a thorough investigation into the circumstances surrounding the accident in an effort to identify all potentially responsible parties. Failure to identify a defendant could result in the victim being unable to recover damages that he or she would otherwise be entitled to. This is where hiring a lawyer with experience handling personal injury cases in the Little Rock area can be beneficial.