How the court determines if a brain injury victim is eligible for compensation?


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Pedestrians and motorists are equally responsible for ensuring safe passage. In case of an accident that injures the pedestrian, the judge will consider various aspects of the incident to determine who was at fault.

Determining whose negligence caused the accident is critical to award compensation for personal injury to the injured person or plaintiff. Unless the traumatic brain injury lawyer Los Angeles can establish it, there is no case for compensation. For example, if a pedestrian gets hit by a car and suffers from a brain injury, the judge will first determine the onus of liability by understanding some circumstances that caused the incident.

The court will try to determine whether the driver of the vehicle was totally or partially liable with the extent of damage or injuries that a trial court would ascertain separately.

How the court determines if a brain injury victim is eligible for compensation?
How does the court determine if a brain injury victim is eligible for compensation?

Examining the role of the driver

The court will first listen to various testimonies and witnesses to gather information about how the incident occurred. It will then take note of various aspects like the speed of the car at the time of collision if the accident happened at night whether the headlights were on and whether the driver was attentive enough when approaching the crossing where the accident happened. Also, whether there the driver was under the influence of alcohol is a point that the court would consider. The points examined by the court pertaining to the basic legal principle of personal injury laws. It clearly states that the driver must take adequate care to ensure the safety of other vehicles and pedestrians.

Examining the role of the victim

The court will examine the injured pedestrian to ascertain his or her behavior and whether he or she was under the influence of alcohol and its level. Was the person crossing the road in a designated area? Whether the injured person was paying attention to traffic? And whether he or she was running are some of the aspects that the court will scrutinize.

Examining the role of the city authority

Lastly, the court would also question the role of the city authority to ascertain whether road signs, markings, and traffic signals had any bearing on the incident. Sometimes faulty traffic signals and the absence of road signs or misplaced road signs can impair the driver’s ability to judge the scenario at the time of the accident.

If the court understands that the pedestrian had made eye-contact with another driver, it presumes that the person was walking normally and had taken all precaution that relieves him or her of any liability for the accident even if he or she is under the influence of alcohol.

The court did not detect any lapse on the part of the city authority and the deposition by the witnesses and testimonies made it clear that the driver was speeding with headlights off. It also highlighted that the driver should have noticed the pedestrian who according to the witnesses, acted responsibly when crossing the road.

The facts of the case made it clear that the driver was responsible for the accident and the victim was eligible to receive compensation for damages.

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Shashank Jain
Shashank Jain, founder of good-name, a young and energetic entrepreneur has always been fond of technology. His liking for technology made him go for engineering in computers. During his studies, he learned & worked on different computer languages & OS including HBCD, Linux, etc. He also has a keen interest in ethical hacking.


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