How Do I Hold a Driver Liable After a Pedestrian Accident?

Aftermath of a pedestrian accident.

When a driver hits a pedestrian, who is at fault for the accident? Usually, fault is determined by proving which party acted in a negligent manner. If a pedestrian is filing a personal injury lawsuit against the driver, the pedestrian will be responsible for proving that the driver breached his or her duty of care and acted in a negligent manner. If this is the case, the driver could be responsible for paying for damages caused to the injured pedestrian.

Should a pedestrian be struck by a car, the driver is usually found to be at fault for the accident. Most traffic laws require drivers to be alert to their constantly-changing environments and to be careful around road hazards. A pedestrian in the road is a hazard that drivers are expected to act carefully around. Should a pedestrian be struck by a car while using a crosswalk legally, the driver will likely be found liable for the accident. Even if the pedestrian is not on the crosswalk, the driver can usually be found liable if the pedestrian can prove that he or she did not run into the street or act out in a reckless manner.

To prove driver liability in a pedestrian-car accident, the following criteria must be met:

  • The pedestrian must prove that the driver has a legal duty to the pedestrian to act in a reasonably careful manner;
  • The pedestrian must prove that the driver breached his or her legal duty and acted in a negligent or careless manner;
  • The pedestrian must prove that this breach caused the accident and;
  • The pedestrian must prove that he or she was injured as a result

Use common sense when crossing the street and utilize crosswalks to avoid accidents. If you’re having trouble proving liability in a pedestrian-car accident, speak to an experienced attorney. Contact Adam E. Grutzmacher, Attorney at Law, to assist you with your personal injury claim. Our law firm can help answer your legal questions, offer legal advice, and help you obtain justice.

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