Drivers are expected to exercise caution and take necessary measures to prevent collisions and pedestrian accidents. If a driver's negligence results in harm to a pedestrian, they may be deemed responsible for their actions. When a driver is not fully attentive, gets distracted, or exceeds the speed limit, they may be partially or fully responsible for an accident and could be held accountable for any resulting damages.
What Is Driver Negligence?
A pedestrian accident is defined as an accident in which a motor vehicle collides with a person who is not driving a vehicle or operating a bicycle. Pedestrians are at high risk of harm in heavy-traffic areas.
Driver negligence occurs when a driver fails to exercise reasonable care and causes harm to another individual. It can arise from deliberate actions, lack of action, or oversight on the motorist's part.
Some examples of driver negligence include:
- Distracted driving
- Speeding
- Failing to yield to pedestrians
- Not following traffic laws
- Driving while tired
- Texting while driving
- Driving while under the influence of drugs or alcohol
- Eating while behind the wheel
How Do You Prove Driver Negligence in a Pedestrian Accident Case?
To prove driver negligence in a pedestrian accident personal injury lawsuit, an attorney must demonstrate four elements: there was a duty of care, the driver breached that duty, the breach was the direct cause of the victim's injuries, and the victim suffered medical injuries, financial losses, or other damages as a result of the offense.
If you or a loved one have suffered injuries resulting from a pedestrian accident due to driver negligence, you may have grounds to take legal action. To confirm that you have a valid personal injury case from a pedestrian accident, book a consultation with our law firm today.
Free Pedestrian Accident Case Evaluation
Kline & Specter provides free and confidential evaluations of potential cases. Our team of more than 50 lawyers includes a group of five highly skilled accident and injury attorneys who possess a unique combination of medical expertise and legal knowledge. If you are seeking a thorough analysis of your case and professional recommendations on the next steps to take, you have come to the right place.
Kline & Specter handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm works with local attorneys in each state as applicable.
Schedule an appointment with our law firm today by calling (215) 772-1000.