Pedestrian accidents can have devastating consequences for victims, often leading to serious injuries and significant financial burdens. When a driver’s negligence is the cause of the accident, proving it is critical to obtaining fair compensation. Negligence forms the foundation of most pedestrian accident claims, and building a strong case involves establishing specific elements that demonstrate the driver’s fault.
At Kiefer & Kiefer, we understand the importance of proving negligence to help injured pedestrians recover and move forward.
Establishing Duty Of Care
The first step in proving negligence is showing that the driver owed a duty of care to the pedestrian. Every driver has a legal responsibility to operate their vehicle safely and follow traffic laws to protect others on the road.
For pedestrians, this duty of care includes yielding the right of way at crosswalks, obeying speed limits, and exercising caution in areas where pedestrians are likely to be present. Establishing this duty is usually straightforward, as it is a standard expectation for all drivers.
Demonstrating A Breach Of Duty
After establishing the driver’s duty of care, the next step is demonstrating that the driver breached this duty. A breach occurs when the driver fails to act as a reasonable person would in the same situation. Examples of breaches include:
- Driving while distracted by a phone or other device
- Failing to yield to pedestrians at marked crosswalks
- Speeding or disregarding traffic signals
- Driving under the influence of alcohol or drugs
To demonstrate a breach, it is important to gather evidence such as police reports, witness statements, and any available video footage. These details can help show that the driver’s actions fell below the standard of care required.
Proving Causation
Proving causation involves showing that the driver’s breach of duty directly caused the pedestrian’s injuries. This step connects the driver’s actions to the harm suffered by the victim.
For example, if a driver failed to stop at a crosswalk and struck a pedestrian, the connection between the breach (failing to stop) and the injuries (the impact with the pedestrian) is clear. Medical records, accident reconstruction reports, and eyewitness testimony can strengthen this part of the case.
Establishing Damages
Finally, damages must be demonstrated to show the extent of the harm caused by the accident. These damages can include medical expenses, lost wages, pain and suffering, and other financial and emotional impacts.
Evidence of damages might include:
- Medical records detailing treatments and recovery
- Pay stubs or employment records showing lost income
- Testimony from doctors or therapists about long-term effects of the injuries
Documenting all financial losses and emotional impacts is essential to securing fair compensation.
Legal Support Makes A Difference
Proving negligence in a pedestrian accident case requires careful attention to detail and a thorough presentation of evidence. Working with a legal professional can help ensure all elements of the case are properly addressed, allowing victims to focus on their recovery while pursuing justice.
If you or a loved one has been injured in a pedestrian accident in Kenner, LA, contact Kiefer & Kiefer today. A dedicated Pedestrian Accident Lawyer Kenner, LA turns to in their time of need from our team will work with you to build a strong case and help you seek the compensation you deserve. Let us help you take the first step toward recovery.
