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Stand up and fight back legally following a pedestrian crash

A leisurely stroll may leave you battling serious injuries or even fighting for your life if you become involved in a pedestrian crash. In some cases, pedestrian crashes happen as a result of car driver's negligent driving.

A pedestrian accident can certainly take a toll on you physically, but it can be just as traumatizing financially, mentally and emotionally. Fortunately, you have the right to pursue monetary compensation following these types of accidents.

The role of negligence in a pedestrian crash

Perhaps the driver who struck you failed to take steps that another reasonable individual would have taken in his or her situation. This is considered negligent driving behavior. 

To prove that the car driver involved in your pedestrian crash was negligent, you need to prove that the driver had a legal obligation to you at the time of the accident. You also need to prove that the driver breached his or her duty to you through either inaction or action. Furthermore, you must prove that the driver caused the pedestrian accident and that you suffered injuries due to the driver's actions.

What are some specific examples of negligent driving?

Several factors may contribute to negligent driving in a pedestrian collision as follows:

  • Driving while inebriated or drug impaired
  • Speeding
  • Paying no attention to weather and traffic conditions
  • Not yielding the right of way to a pedestrian at a crosswalk
  • Not signaling while making a turn

Yet another example of driver negligence is driving while distracted. For instance, perhaps the car driver who hit you was trying to text and drive at the time of the wreck.

What you should do following a pedestrian crash

The car driver who hit you might attempt to place blame on you for your accident even though he or she may be liable for your accident injuries. For this reason, it is critical that you contact police immediately following the collision. While at the crash scene, it may be helpful to collect the telephone numbers and names of all witnesses. However, it is in your best interest not to make statements to anybody, including insurers and drivers.

Instead, you may want to get in touch with an attorney as soon as possible. Your attorney can help you to assess all of your legal options following the pedestrian accident, including filing a personal injury claim against the driver who injured you. Competent proof of negligence is necessary to establish liability in your accident case, after which the court hearing your case will determine claims for damages.

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