How to Prove Negligence in Pedestrian Accident Cases
Walking can help you get from place to place and also keep you healthy with exercise that is low impact. It can be a motivation for you to get outside more and enjoy some fresh air or ensure that your pup gets his or her daily steps in. However, while populated areas pose more risk for pedestrians to be in an accident than areas with a lower population, there is always a chance that when you go out for a walk you could be injured, or worse, die, in a pedestrian accident.
It is possible to suffer catastrophic injuries in a pedestrian accident especially when it’s a vehicle that is smashing into a human body. Proving negligence in this situation is critical for any injured pedestrian to hold another party accountable for their careless behavior and to secure the compensation necessary to pay for their financial losses.
An Oklahoma City personal injury attorney at the Putnam Law Office can help you with your injury claim if you were injured by a negligent driver.
What to Do To Show Negligence After a Pedestrian Accident
Negligence is a failure to provide reasonable care that anyone else in the same situation would provide. Since proving negligence and fault are fundamental bedrocks in a personal injury claim, knowing how to do so is essential.
Fault is the violation of a legal responsibility that one has to another. To show fault, all of the four following elements must have taken place.
- The party you are taking legal action against had a relationship with you or a legal duty to behave in a responsible way to minimize the chances of an accident.
- The party you are taking legal action against failed in to uphold their duty of care to you. In other words, they behaved negligently.
- As a result of the failure to uphold the duty of care to you, your accident happened.
- You suffered damages as a result of your accident.
To put this in perspective, suppose that you were rightfully walking across the road in a crosswalk but a driver who was speeding ran a red light and slammed into you. The driver’s speeding was negligent behavior. The driver’s inability to follow the rules of the road was also negligence and recklessness. The driver had a duty of care to people walking in a designated crosswalk and the driver also had a duty to stop at the red light to reduce the chances of hitting anyone else on the road. The driver in this scenario failed in their duty of care to the pedestrians in the crosswalk and anyone else they may have hit running a red light.
Speak to an Attorney at the Putnam Law Office Today
After a pedestrian accident, if you decide to speak with an attorney at the Putnam Law Office, your attorney will investigate your case. Using several different types of evidence including pictures, videos, medical reports, witness accounts, and even expert testimony, all four elements of fault can be proven and you will be in the best position to have success with your claim and obtain the compensation you need for your damages.
To schedule a free consultation with an experienced and resourceful attorney, please call 405-724-7701 today.
