It’s fun and relaxing to go places on foot — out to dinner, grabbing coffee, running errands, or just getting your dog some exercise. But a seemingly typical walk can quickly turn into your worst nightmare if a driver ends up hitting you.
A pedestrian accident can easily cause you to suffer serious injuries. However, if the driver who struck you caused the accident by being negligent, you can seek to hold this person accountable through the civil court system.
What exactly is negligence in a pedestrian accident?
If another driver has injured you in a pedestrian accident, you could recover damages for your injuries if the other person’s negligence contributed to or caused the accident. Negligence refers to failing to do something that reasonable people in similar situations would do in an effort to protect other people from predictable risks.
To establish that the other driver was negligent in your pedestrian crash, you must be able to prove that the other party was legally obligated to exercise care while driving around you, and that he or she breached this legal duty either through inaction or action. You need to also prove that the other party caused your accident and thus caused you to suffer injuries.
What are examples of driver negligence in a pedestrian accident?
If the driver who injured you displayed any of the following behaviors, the person was negligent:
- Distracted driving
- Not following traffic signs/signals
- Not yielding the right-of-way to you at a crosswalk
- Not signaling while making a turn
The driver was also negligent if he or she failed to regard traffic and/or weather conditions. Yet another example of driver negligence is driving while impaired by drugs and/or alcohol.
Your rights as a pedestrian accident injury victim
Following a pedestrian accident in which a driver injured you due to his or her carelessness, you have the right to file a personal injury claim against the driver, seeking the reimbursement of monetary damages.
If you are successful in your lawsuit, you might receive a financial award to help you cover your hospital bills and even the loss of wages if your injuries have prevented you from returning to work for a time. Monetary compensation can also help to address pain and suffering or emotional distress resulting from your pedestrian crash.