Unfortunately, pedestrian accidents are prevalent in the United States, especially if you’re living in a metropolitan area with a dense population. Pedestrian accidents can cause much damage, including physical injuries and loss of wealth. If you or your loved ones have been involved in a pedestrian accident, it would be best for you to talk to a personal injury lawyer in Roseville to figure out your next steps.
After the auto accident, if you wish to proceed with a court case, you may need to show that the driver was at fault. In most cases, the parties, their lawyers, and the insurance companies will rely on the legal concept of negligence. Hence, you would need to prove the careless or reckless behavior of the driver.
What is negligence?
Negligence, in law, is a situation where someone acts carelessly or fails to do their duties, which leads to someone else getting hurt or injured in any way.
Some examples of negligence are:
- A driver texting and driving at the same time and getting into a car accident that injures or kills someone else
- A driver who ignores a ‘stop’ sign and causes a car accident that injures or kills someone else
- A store owner that fails to put up a “caution: wet floor” sign which leads to someone slipping and getting injured
- A doctor providing improper medication that ends up harming the patient
How do you prove negligence in a pedestrian accident case?
To prove negligence, you must remember the four elements of a negligence case.
Duty of Care
Firstly, you would need to prove that the accused party owed a legal duty to you. This is an easy step in motor vehicle accidents since all drivers owe a legal duty to one another to drive safely and responsibly without putting others at risk.
Breach of Duty
Next, you need to prove that the accused party has breached their responsibilities by acting or failing to act in a certain way. This is a little more difficult than proving the first element. The law compares the driver’s conduct with the conduct expected of a “reasonable person.” If the accused driver’s conduct does not match the conduct of a “reasonable person,” it can be said that the duty of care was breached.
Next, the plaintiff needs to prove that the actions or inactions of the accused party have caused the plaintiff some form of injury. The plaintiff must prove that the accident caused the injuries and not some other cfcnet event.
Lastly, the plaintiff must prove that the defendant’s actions or inactions caused them harm or injuries. If you are a victim of a car accident, then you are entitled to compensation. However, you may only receive compensation if you can prove your damages. This may include your medical bills, a record of your injuries, or your property damage.