If you’ve been hit by a car while walking, you know how scary and confusing it can be. You might be hurt, and you might not know what to do next. One important step is proving that the driver was at fault. This is called proving negligence. In this blog, we’ll guide you through how to do this and explain how a pedestrian accident lawyer can help.
Understanding Negligence In Pedestrian Accidents
What is Negligence? Negligence means someone did not act with the care that a reasonable person would. In pedestrian accidents, it means the driver made a mistake. Or, the driver failed to do something which caused the accident.
Four Elements of Negligence:
- Duty of Care: The driver had a duty to drive safely and follow the rules.
- Breach of Duty: The driver did not follow this duty. Maybe they were speeding or texting while driving.
- Causation: This breach of duty caused the accident.
- Damages: You were hurt because of the accident.
All four of these must be proven to show negligence.
Common Causes Of Pedestrian Accidents
Driver Negligence:
- Distracted Driving: Using a phone, eating, or anything that takes the driver’s attention away from the road.
- Speeding: Driving too fast for the conditions or above the speed limit.
- Failure to Yield: Not stopping for pedestrians at crosswalks or intersections.
Pedestrian Errors:
- Jaywalking: Crossing the street outside of a crosswalk.
- Ignoring Traffic Signals: Crossing when the light is red.
Environmental Factors:
- Poorly Designed Crosswalks: Crosswalks that are not visible or lack signals.
- Lack of Signage: Areas where signs are missing or hard to see.
Steps To Prove Negligence In A Pedestrian Accident
- Collecting Evidence: Right after the accident, gather as much evidence as you can. This includes:
- Photos and Videos: Take pictures of the scene, your injuries, and any damage to the car.
- Witness Statements: Get contact information from anyone who saw the accident.
- Police Reports: Call the police after the accident. The police report can be very helpful in proving negligence. It will have important details about the accident.
- Medical Records: Go to the doctor as soon as possible. Keep all medical records and bills. These show the extent of your injuries and how they are connected to the accident.
- Expert Testimony: Sometimes, you might need experts to testify. This could be a doctor explaining your injuries or an accident reconstruction expert.
- Legal Documentation: Make sure all documents are filled out correctly and submitted on time. This includes any forms from insurance companies or the court.
Role Of A Lawyer
Legal Expertise: As our friends at The Traub Law Office, P.C. can share, a lawyer knows the laws and how to navigate the legal system. They can explain your rights and help you understand what to expect.
Case Preparation: Your lawyer will gather all the evidence, talk to witnesses, and build a strong case for you. They will make sure everything is in order to prove negligence.
Negotiation with Insurance Companies: Insurance companies might try to pay you less than you deserve. A lawyer can negotiate with them to get a fair settlement for you.
Court Representation: If your case goes to court, your lawyer will represent you. They will present the evidence and argue on your behalf to prove negligence.
Frequently Asked Questions (FAQs)
Q: What should I do immediately after a pedestrian accident?
A: Get to a safe place, call the police, gather evidence, and seek medical attention.
Q: How long do I have to file a claim?
A: This depends on your state’s laws. It’s best to contact an accident lawyer right away to make sure you don’t miss any deadlines.
Q: Can I still win my case if I was partially at fault?
A: Yes, in many states, you can still recover damages even if you were partially at fault. Your compensation might be reduced by the percentage of your fault.
Q: How much does a lawyer cost?
A: Many accident lawyers work on a contingency fee basis. This means they only get paid if you win your case.
Proving negligence in a pedestrian accident case can be complex. But with the right steps and the help of a lawyer, you can build a strong case. Remember to gather evidence, get medical help, and seek legal advice as soon as possible. If you need help, don’t hesitate to contact a lawyer today.
