Pedestrian accidents are a serious issue in the US. Pedestrian accidents caused 7,388 deaths in 2021. That is a 13% increase from the previous year. If there is a 13% increase in one year, then that means there isn’t enough action taken to control the issue.
Pedestrians don’t have any safety equipment to protect themselves. The only thing they can do is use sidewalks. Accidents can happen even if pedestrians are walking on sidewalks. Pedestrian accidents are more dangerous for pedestrians than vehicle drivers, for obvious reasons.
Pedestrians will experience many financial losses and sustain severe injuries. Victims of pedestrian accidents can take action against negligent parties and get compensation for their losses. However, the victim must prove negligence to get compensation in a pedestrian accident claim.
The plaintiff (the victim) bears the burden of proof in personal injury cases. It means the victim has the responsibility of proving their claim. Before proving negligence, you must determine negligence.
How to Establish Negligence
To establish negligence, you will definitely need the help of an experienced pedestrian accident attorney. Proving negligence requires the expertise of a person who understands personal injury law, which most of us don’t. Not being able to establish negligence will lead to losing the case. So, hire a lawyer and avoid the risks.
Establishing negligence can be done by satisfying the elements of personal injury law. The four elements of personal injury law that you need to satisfy are:
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- Duty of Care
- Breach of Duty of Care
- Causation
- Damages
Duty of Care
You cannot sue everyone. The person should have owed you a duty of care. The duty of care is the responsibility a person owes to another. For example, every driver owes a duty of care to another driver. It means they will do their best to keep themselves and everyone around them safe. Since pedestrian accident cases fall under road accidents, you can easily show that the person who caused the accident owed you a duty of care.
Breach of Duty of Care
Next up, you need to show the insurance company or the court that the defendant breached their duty of care. Breach of duty of care means the defendant acted in a way that didn’t comply with the responsibility they owe to others. For example, driving under the influence of alcohol is considered a breach of duty of care.
Causation
Causation means you have to prove that the accident was the cause of your injuries. In personal injury cases, only the injuries you have sustained due to the accident are considered for compensation. You cannot sue for old injuries. You need to show that the accident was the sole cause of your injuries. Medical bills can help prove this element of personal injury law.
Damages
Without damages, there is no case. You need to prove that you have sustained losses due to the accident. A pedestrian accident can cause many types of losses. You need to show the court all types of losses, both economic and non-economic.
Final Thoughts
Establishing negligence is a very important step in a pedestrian accident case. Follow the above steps to establish negligence. Seek the help of an experienced pedestrian accident lawyer since you need to know the ins and outs of personal injury law to successfully establish negligence.
