As a pedestrian, you are more vulnerable to harm from a vehicular accident. If you or a loved one has fallen victim to the negligence of a driver, you may have a case to recover damages for the incident. Before you seek this type of car accident claim, you should consider a few factors.
To make your case properly, there are a few things that you must prove. It is critical that you understand and keep these factors in mind when determining whether you should pursue a pedestrian-vehicle claim.
Showing proof
You must show that the driver was negligent. In other words, you must establish that the individual failed to do or not do something to protect you from a foreseeable risk. To prove this, you must show that the driver had a legal duty to you under the circumstances and failed to fulfill said duty, that they caused the accident and that your injuries are a direct result of that accident.
Along with showing negligence, you must also prove that you fulfilled your duty of care and that the driver did not. In short, duty of care is your personal duty to exercise certain precautions considering the circumstances. For pedestrians, common duty of care factors include following pedestrian traffic laws, such as:
- Using marked cross walks
- Obeying “walk” signals
- Not disrupting regular traffic flow
If there is any evidence showing that you did not fulfill your full duty of care, then you will be a contributor to your injuries, which may decrease your award amount or invalidate your case altogether.
It may be helpful to speak with an experienced auto accident attorney who can provide insight into applicable laws as well as the possible outcome from their previous experience. Along with doing your own research, this can help place you in the best position for building and presenting a strong case.
