WEBVTT

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Pedestrian accident

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cases are more common

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in your

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northern states

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where there are simply

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more pedestrians.

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In the south,

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pedestrian

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cases boil down

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to whether or not the

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driver of the car

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ran a red light and

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whether or not

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the pedestrian was in

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the crosswalk.

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Crosswalk cases are

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fairly easy.

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Did you

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have the light?

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Did you not

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have the light?

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Was somebody at an

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adjoining intersection

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who made a turn and

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didn't see the

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pedestrian?

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Those types of cases

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are called pedestrian

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knockdown cases

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and they really focus

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on whether or not

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the pedestrian was

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jaywalking or in the

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crosswalk.

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They focus on who had

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the light.

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They can look at

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whether or not a

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motorist was speeding

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in an area that was

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congested by

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pedestrians

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or in

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shopping lot cases

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where people are

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walking into a store.

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They're often very

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clearly marked areas

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where they're

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supposed to walk.

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They're often armed.

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But you can expect

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pedestrians in a

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shopping area

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where you see plenty

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of parked cars

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and people going in

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and out of stores.

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So in those areas

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where you can expect

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to see pedestrians,

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you have an

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extra duty of care.

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You cannot hit a

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pedestrian.

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They have the

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right of way.

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But in Alabama, if

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they act in any way

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carelessly,

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then they

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can't win the case

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because we are a

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contributory

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negligent state.

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So when you analyze

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these cases

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for purposes

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of determining whether

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or not you

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have a lawsuit,

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those are the factors

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you have to look at.