Now that school is in session, drivers need to make sure that they are paying close attention for pedestrians. When drivers aren't cognizant of pedestrians, there is a chance that an accident can occur that might result in the pedestrian suffering a serious injury.
Sadly, around 5,000 pedestrians die in motor vehicle accidents each year. That doesn't even include all of the pedestrians that are injured. For the family members who lost a loved one in a pedestrian accident and the pedestrians who are injured in these accidents, seeking compensation is often a priority. This can include trying to recover damages for medical bills and other financial losses.
When seeking compensation is a concern, it is crucial that the plaintiffs think about four points. These four points must all be present to prove that there was an element of negligence that caused the accident. This can involve distracted driving, failing to yield, speeding and similar actions on the behalf of the driver.
The plaintiff must show that the defendant owed a legal duty to the pedestrian. They must show that the defendant failed to fulfill that duty. They have to prove that the breached duty led to the accident that involved the pedestrian. Finally, they have to prove that the plaintiff was harmed by the accident.
There are some instances in which these points are easy to prove. In other cases, things are more complicated. Understanding the ways that you can include these points in your claim for compensation can help your case. While you are developing the case, you have to ensure that you are naming appropriate parties as defendants.
Source: FindLaw, "Pedestrian Accidents Overview," accessed Sep. 16, 2016