Pedestrian Personal Injury Lawsuits
Pedestrian accidents are often taken to court in the pursuit of personal injury settlements, and it is possible to retain a sizeable settlement if negligence or malicious acts can be proven.
Negligence is defined as the failure to do (or not do) something that a reasonable and conscientious person would in order to prevent a foreseeable risk. This means that the person at fault either acted negligently or maliciously, or that he or she failed to do anything to prevent an accident. In order to prove negligence, the plaintiff (the injured party) must prove the following:
– The defendant failed to uphold his or her legal duty; and
– The defendant caused an accident or injury that adversely affected the plaintiff.
Before a�¯�¿�½personal injury (civil)�¯�¿�½suit can be brought against the offending party, the plaintiff must be able to prove (and show evidence of) neglect. For example, if a pedestrian is standing on a sidewalk and the driver of a truck runs up on the sidewalk, hitting the pedestrian, the pedestrian has a legal right to pursue a personal injury lawsuit. On the other hand, if the pedestrian crosses a busy street against a signal and without a cross-walk, he or she will be found liable if hit by a motorist. There was no neglect on the part of the motorist; the pedestrian behaved carelessly.
Motor Vehicle Accidents
The liability in a motor vehicle is entirely dependent upon what is called “Duty of Care”. The plaintiff must be able to prove that the driver of the vehicle failed to exercise reasonable care in operating that vehicle, which resulted in injury or death to the victim. Sometimes the negligence in a particular case is obvious, while it is sometimes necessary to carefully exam all factors of a case to determine who, exactly is liable for the damages.
Drivers most commonly found to be negligent exhibit the following behaviors:
– Inattentiveness or pre-occupation with things other than driving
– Failing to observe and follow speed limit laws
– Failing to yield to pedestrians at cross-walks
– Failing to observe traffic signs and signals
– Driving under the influence of alcohol
– Driving under the influence of drugs
– Failing to drive with weather or traffic conditions in mind
These factors become even more prominent when it comes to children. Because they are small and not always predictable, drivers are expected to drive even more carefully when children are present. If a child under the age of nine is hit by a motor vehicle, the penalties and settlements are often much larger than with older children and adults.
Other Pedestrian Accidents
Pedestrian accidents that do not involve motor vehicles are more difficult to prove and run the line between pedestrian accidents and premeses liability accidents. In most cases, these pedestrian accidents are caused by a failure to maintain property, which can include broken or cracked sidewalks,�¯�¿�½streets in poor repair, broken traffic signals and other unreasonable hazards. Determining liability for a personal injury lawsuit can be difficult, and may involve several different parties.
To prove liability in a non-motorist pedestrian accident, the victim must be able to prove that dangerous conditions existed which should have been fixed by the owner of the property. In the case of public property, the state, county or city might be held liable for the accident.�¯�¿�½
For Pedestrians
If you are involved in a pedestrian accident, follow the below steps to ensure that you are within your rights:
1. Take pictures.
If at all possible, take pictures of the accident “in situ”. The circumstances of an accident change drastically even hours after the incident occurs, which means that any physical evidence may be compromised. If you are able, get a friend, family member or witness to purchase a disposable camera to take photographs of the entire situation.
2. Talk to witnesses
As soon as possible, get witnesses to the accident to explain what they saw in detail, and to provide you with contact information. This way you are more likely to get an accurate account of events, and to have witnesses who can be given a deposition by your attorney.
3. Never admit guilt.
In their state of shock and surprise, victims will often admit guilt without knowing it. Never apologize to the motorist who its you or tell them that it was in any way your fault. This can later be used in court as an admission of guilt at the scene.
4. Call the police.
It is imperative that you call your local law enforcement agency so that they can file a report and view the accident as it exists directly following the incident. Later, obtain a copy of the police report for your attorney.
5. Notify involved parties.
Either you or your attorney should inform the offending party that you intend to file a claim for the accident and pursue monetary compensation for damages.
