Proving Negligence in a Pedestrian Accident Case: What You Need to Know
Each year, thousands of pedestrians are injured or killed in traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian was killed every 81 minutes in the U.S. and injured every 10 minutes due to motor vehicle accidents in 2020. When a pedestrian is struck by a vehicle, the resulting injuries can be devastating, leading to significant medical expenses, lost wages, and long-term pain and suffering. In many of these cases, the pedestrian is entitled to compensation for their losses. However, to successfully pursue a claim, it’s crucial to understand how to prove negligence.
What is Negligence?
In personal injury law, negligence refers to a failure to exercise a reasonable level of care that a prudent person would exercise under similar circumstances. In the context of a pedestrian accident, negligence typically involves a driver failing to operate their vehicle safely, resulting in harm to a pedestrian.
The Four Elements of Negligence
To win a pedestrian accident claim, your attorney will need to prove four key elements:
- Duty of Care: The driver had a legal responsibility to drive safely and obey traffic laws to avoid harming others, including pedestrians. This duty exists for all drivers on public roadways.
- Breach of Duty: The driver failed to meet their duty of care. This could involve a wide range of actions, such as speeding, distracted driving, failing to yield the right-of-way, or driving under the influence.
- Causation: The driver’s breach of duty directly caused the pedestrian’s injuries. There must be a clear link between the driver’s actions and the harm suffered by the pedestrian.
- Damages: The pedestrian suffered actual harm as a result of the accident, such as medical expenses, lost wages, pain and suffering, emotional distress, and other measurable losses.
Without clear evidence of all four elements, your claim may be denied or undervalued.
Common Types of Driver Negligence in Pedestrian Accidents
Several driver behaviors frequently contribute to pedestrian accidents:
- Distracted Driving: Engaging in activities that take the driver’s attention away from the road, such as texting, eating, or adjusting the radio. According to the CDC, over 3,000 people are killed each year in the U.S. due to distracted driving, and a portion of these fatalities involve pedestrians.
- Speeding: Exceeding the speed limit or driving too fast for conditions reduces reaction time and increases the severity of injuries in an accident.
- Failure to Yield: Not yielding the right-of-way to pedestrians at crosswalks, intersections, or other designated areas.
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs significantly impairs judgment and coordination, increasing the risk of accidents. The CDC reports that 17% of accidents that resulted in the death of a pedestrian involved a driver with a blood alcohol content of over 0.08g/dl, the legal limit in all 50 states.
- Running Red Lights or Stop Signs: Disregarding traffic signals and signs puts pedestrians at risk, especially in intersections.
- Illegal Turns: Making fast or careless turns without properly checking for pedestrians.
Gathering Evidence to Prove Negligence
Evidence plays a critical role in proving negligence in a pedestrian accident case. The following types of evidence are commonly used:
- Police Reports: These reports contain important information about the accident, including officer observations, witness statements, and citations issued.
- Witness Statements: Testimony from bystanders who saw the accident can help validate the sequence of events and establish fault.
- Photographs and Video Footage: Images of the accident scene, vehicle damage, road conditions, and visible injuries can help corroborate claims. Traffic and surveillance cameras can offer objective evidence of the incident.
- Medical Records: Documentation of injuries, treatments, diagnoses, and rehabilitation timelines helps establish the extent and cause of harm.
- Accident Reconstruction Reports: Professionals trained in crash analysis can provide expert opinions based on vehicle positions, skid marks, and injury patterns.
- Cell Phone Records: These records may show whether a driver was distracted at the time of the collision.
- 911 Call Transcripts: Transcripts of emergency calls can provide valuable information about the accident and the immediate aftermath.
What if the Pedestrian Was Partially at Fault?
In some cases, the pedestrian may have contributed to the accident. For example, a pedestrian may have been jaywalking or crossing against a traffic signal. In these situations, the pedestrian may still be able to recover compensation, but their recovery may be reduced by their percentage of fault.
Many states follow a “comparative negligence” rule, which means that a pedestrian can recover damages even if they were partially at fault, as long as their percentage of fault is below a certain threshold. However, the amount of compensation they receive will be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault for an accident, they can still recover 80% of their damages.
Some states follow a “contributory negligence” rule, which means that a pedestrian is barred from recovering any compensation if they were even 1% at fault for the accident.
The Importance of Legal Representation
Proving negligence in a pedestrian accident case can be complex and challenging. An experienced personal injury attorney can help you:
- Investigate the accident and gather evidence.
- Determine the extent of negligence by each party.
- Negotiate with insurance companies.
- Represent you in court, if necessary.
An attorney can also help you understand your rights and options and ensure that you receive fair compensation for your losses.
Maximizing Your Compensation
Several steps can be taken to maximize compensation for a pedestrian accident:
- Seek Medical Treatment Immediately: Prompt medical attention is crucial for both your health and your legal claim.
- File a Police Report: A police report creates an official record of the accident and can be valuable evidence.
- Document the Scene: Take photos of the accident scene, vehicle damage, and your injuries.
- Collect Witness Information: Obtain the names and contact information of any witnesses to the accident.
- Keep Records of All Expenses: Maintain detailed records of all medical bills, lost wages, and other expenses related to the accident.
- Avoid Admitting Fault: Do not admit fault or make statements that could be used against you.
- Contact a Pedestrian Accident Lawyer: An attorney can help you navigate the legal process and protect your rights.
Conclusion
Proving negligence in a pedestrian accident case requires a thorough understanding of the law and a careful gathering of evidence. By understanding the elements of negligence, common causes of pedestrian accidents, and the types of evidence needed to support a claim, you can increase your chances of recovering the compensation you deserve. If you or a loved one has been injured in a pedestrian accident, it is essential to seek legal representation from an experienced attorney who can help you navigate the legal process and fight for your rights.