Being a pedestrian comes with its share of risks. Despite being more alert and taking extra care while crossing the road, pedestrians can be involved in accidents due to the negligence of others. If you have been hit by a car while walking on the sidewalk or crossing the street, you may be entitled to recover damages for your injuries.
Mostly, the negligence of drivers is the underlying cause of these accidents. Inattentiveness, DUI, speeding, and distracted driving are all examples of road negligence that often result in accidents. When drivers fail to use reasonable care while operating their vehicle, and this results in an accident, the driver may be held liable for the resulting pedestrian injuries.
Depending on the severity of the accident, pedestrians can suffer varying injuries. It is, therefore, crucial to seek legal counsel to learn more about what damages you may be entitled to recover.
How Damages are Defined
When it comes to pedestrian accident claims, damages can either be psychological or financial losses that you have incurred as a result of the accident. For a successful claim, you need to prove the other party was or led to, the cause of your damages. This can be done by demonstrating they were negligent. Fortunately, the legal system is designed to protect the accident victims’ rights. If you are a victim, you may be entitled to recover several damages, including:
Financial Damages: These have a specific monetary value and can be objectively verified. In most cases, they include medical expenses, lost salary, and property damage.
Non-Financial Damages: They are harder to quantify, as they do not have a specific monetary value. They can include pain and suffering, emotional distress, loss of life satisfaction, and possible severe disfigurement.
Punitive Damages: Special situations may call for punitive damages, which are awarded to punish the negligence of the at-fault party. In order to be eligible for these damages, you will need to prove that their actions were particularly egregious or that they intentionally caused your injuries.
What You Need to Prove in Court
For successful pedestrian accident compensation, you will need to establish that the other party was at fault. This will require evidence that the driver was negligent in their actions and that this negligence led to your injuries. Four main elements need to be proven before you can receive your compensation: duty, breach, causation, and damages. The initial burden of proof will fall on you, the plaintiff, to show that all four of these elements exist in your case. Ultimately, it is through this evidence that a court will determine whether the other party is liable for your damages, and if so, how much you are entitled to receive. Seeking legal counsel early in the process can help to ensure that you have the evidence you need to win your case.
Being a victim of a pedestrian accident can be a harrowing experience. In addition to both physical and psychological injuries you may have sustained, you may also be facing financial challenges such as medical bills and lost wages. Fortunately, if the accident was caused by another party’s negligence, you can almost always recover damages.
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