Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
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Absolutely. Now it's possible that the marijuana could be a factor, and if this goes to a jury, the jury could find the victim "contributorily negligent" and reduce any award accordingly, but it would do so only if there was a good reason to believe that the accident was in some way the fault of the victim.
Rather, if the driver hit the pedestrian while the pedestrian was not walking on the road, that would indicate at least negligence, possibly res ipsa loquitur (an act that speaks for itself, in that something like this would not happen but for negligence).
The fact that the pedestrian was under the influence would not bar the case, although it could reduce any award by a percentage that the jury finds the pedestrian contributorily negligent, if any.
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