NHTSA, the National Highway Traffic Safety Administration, reports that over 5000 pedestrians die in accidents each year and that over 75,000 are injured. Accidents can happen when a person tries to cross a highway, but they can also be caused by parking lot flaws and construction debris. Regardless of the cause of the injury, a victim can hire a Pedestrian Lawyer in Stafford VA, to pursue an economic recovery after an accident.
Proving Negligence in a Pedestrian Accident
A victim can recover if they can prove that another person’s negligence contributed to or caused an accident. To establish negligence, the plaintiff must prove that the defendant:
1. Owed them a duty of care
2. Breached the duty through their acts or lack of action
3. Caused an accident
4. Harmed the plaintiff because of the accident
When pedestrians are hurt, there may be multiple responsible parties. Depending on a case’s circumstances, potential parties can include the driver of the vehicle that hit the person, the entity responsible for sidewalk or parking lot maintenance, or the pedestrian themselves.
In most situations, these cases depend on the duties owed by the involved parties. Pedestrians and drivers must follow road rules and be reasonably careful. In some cases, it’s obvious who is at fault, but a Pedestrian Lawyer will examine various factors in the application of facts. A person who is negligent in vehicle operation may have to pay damages to the victim.
Drivers must exercise care, and failure to do that is negligence. Common contributors are:
3. Failure to yield
4. Failure to obey traffic signals
A Pedestrian’s Duties
Pedestrians must exercise care for their safety in proportion to the circumstances and any present dangers. Contributory negligence can be a factor if a pedestrian’s failure to exercise care resulted in the injury. Common factors include ignoring signals, entering traffic at a non-designated point, or running out in front of oncoming traffic.
If someone has been involved in a pedestrian accident, they may not know what to do. The statute of limitations means the victim only has a short time in which to file a claim. A Pedestrian Lawyer in Stafford VA, can offer a free evaluation, which will give the victim a better idea of their next steps.
Contact John P. Harris for more details
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