How to Prove Driver Negligence in a Pedestrian Injury Claim

Every year, thousands of pedestrians are seriously injured or killed on U.S. roads. Injuries from a pedestrian versus motorist accident can be so severe that some people never walk or work again. If your entire world has been turned upside down by the negligence or ill intentions of a motorist, you may see the value in filing a personal injury claim and requesting compensation. First, you must prove driver negligence in the following ways: 

Establish the Duty of Care

Contact the best injury lawyer in Edmonton or another city to help you establish the duty of care. This is among the most crucial pieces of evidence to have as you attempt to put together a strong driver negligence case. Drivers generally owe a duty to exercise reasonable care toward pedestrians. This means they have to reduce speed in school zones, yield at crosswalks, avoid distractions, and obey traffic laws. 

Confirm a Breach of the Duty of Care

You’ve established that drivers have a duty of care toward pedestrians, but now you must prove that a driver breached this duty by failing to act as a reasonably careful driver would. Examples of breaches include performing a traffic violation like failing to yield, driving under the influence of drugs or alcohol, or being distracted behind the wheel through acts like texting or eating. 

Prove Causation

Proving that a driver breached their duty of care doesn’t automatically mean that you’ve proven driver negligence and will be compensated for your accident. You must also prove causation, which means you need to link the driver’s actions directly to your accident. An experienced lawyer can assist with determining a causal link, such as a driver hitting you on a pedestrian crossing after they ran a red light.  

Demonstrate Damages

Many people file personal injury claims so they can be adequately compensated for the costs and harm associated with their accident. When you’re requesting damages like medical bills, lost wages, reduced earning capacity, and rehabilitation, you must be able to provide proof of them. Essentially, you need to show that someone else’s actions resulted in real harm. 

Gather Evidence 

Insurance companies and the courts don’t have to take your word for it that you were a pedestrian who was injured by a motorist. They want to see proof. Start gathering evidence as soon as you’re in a position to do so. 

A police report is one of the strongest you can obtain early on, which may include the officers’ observations and any observed traffic violations. You should also take photos and videos of the scene, property damage, and your injuries, as well as requesting footage from the cameras of nearby businesses and homes.  

When you seek medical care, request your records to see the injuries and how they are tied to your accident. If there were any witnesses at the scene, ask for their names and contact information so you can get their version of events. 

Proving negligence in a pedestrian injury claim is a multi-faceted process. Enlist the services of an experienced lawyer and start putting together a strong case so you can get the outcome you deserve.